Legal Opinion

Pensacola, A. & W. Ry. Co. v. Big Sandy Iron Co.

Supreme Court of Alabama

Decided May 17, 1906PublishedCited by 14 opinions

Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. This is -a bill filed by the Pensacola A. & W. Railway Co., of Ála., v. Big Sandy Iron Co., et al., to enjoin certain prosecution and threaten prosecution of complainant’s -agents and servants. The transcript fails to show the organization of the court trying the cause, and upon this fact the opinion is rested.

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Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. This is -a bill filed by the Pensacola A. & W. Railway Co., of Ála., v. Big Sandy Iron Co., et al., to enjoin certain prosecution and threaten prosecution of complainant’s -agents and servants. The transcript fails to show the organization of the court trying the cause, and upon this fact the opinion is rested. Counsel discussed points raised by the record and cite authorities thereon but do not discuss the point upon which the decision is rested. Counsel discussed points raised by the record and cite authorities but do not…

1Opinion of the CourtDenson, J.

It cannot be gainsaid that, “since this court acts on the transcript alon^, the latter must show all the facts essential to vest the court with jurisdiction to hear the cause.” Therefore ’it must affirmatively appear in the transcript that there was a properly organized trial court by which a lawful judgment could be rendered. — McPherson v. Wiggins, (Ala.; April 28, 1906) 40 South. 961; 2 Ency. of Pl. & Pr. p. 265, (3), and authorities in note 2; 2 Cyc. p. 1033 (11), and au*275th.ori.ties in notes 17 and 18. This record fails to show the organization of the trial court, and the appeal must be…

2Cited by14 opinions

  1. Bell v. FulghamSupreme Court of Alabama · 1918
  2. McPherson v. StallworthSupreme Court of Alabama · 1955
  3. Richardson v. PowellSupreme Court of Alabama · 1917
  4. Garrard v. State ex rel. WaidSupreme Court of Alabama · 1954
  5. Reynolds v. HensonSupreme Court of Alabama · 1956

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