Louisville & N. R. Co. v. Tally
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by Mrs. Etta Tally against the Louisville & Nashville Railroad Company for damages for the death of her husband.' Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by Mrs. Etta Tally against the Louisville & Nashville Railroad Company for damages for the death of her husband.' Judgment for plaintiff, and defendant appeals. Some of the counts allege that plaintiff’s intestate was a passenger, and others allege that the servants or agents in charge of the train which killed intestate negligently failed to use the means at hand to prevent the injury, or that he was wantonly killed by the servant or agent in charge of appellant’s train. By its second plea as amended, appellant sets…
1Opinion of the CourtAnderson, C. J.
[1-4] The proposition cannot be questioned that a judgment rendered by a court without jurisdiction of the subject-matter or the parties is coram non judice. It is a mere nullity, and if the want of jurisdiction appears on the face of the record, even of a court of general jurisdiction, it is open to collateral attack. “There is a well-recognized distinction between the presumption to be given the judgment of a court of limited or special jurisdiction and the judgment of a court of general jurisdiction. It is the well-established general rule that, when a domestic judgment of a court of…
2Cases cited10 opinions
- Riverdale Cotton Mills v. Alabama & Georgia Manufacturing Co.Supreme Court of the United States · 1905
- Carr v. Illinois Central R. R.Supreme Court of Alabama · 1912
- Max J. Winkler Brokerage Co. v. CoursonSupreme Court of Alabama · 1909
- Pearce v. Winter Iron-WorksSupreme Court of Alabama · 1858
- Breeding v. BreedingSupreme Court of Alabama · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- A. B. C. Truck Lines, Inc. v. KenemerSupreme Court of Alabama · 1946
- Ex Parte TannerSupreme Court of Alabama · 1929
- Phillips v. AshworthSupreme Court of Alabama · 1929
- Payne v. Department of Industrial RelationsCourt of Civil Appeals of Alabama · 1982
- Merchants Nat. Bank of Mobile v. MorrisSupreme Court of Alabama · 1949
17 more not listed; retrieve them via the Exa API.