Legal Opinion

Ex parte Tarlton

Supreme Court of Alabama

Decided January 15, 1841PublishedCited by 16 opinions

presented to this Court the transcript of a record of the Court of Revenue and Roads of Montgomery county. From this transcript it appears that there was a controversy in that court, between Tarlton and William S. Iiadnot, in respect to the establishment of a ferry across the Alabama river.

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presented to this Court the transcript of a record of the Court of Revenue and Roads of Montgomery county. From this transcript it appears that there was a controversy in that court, between Tarlton and William S. Iiadnot, in respect to the establishment of a ferry across the Alabama river. The court granted a license to Hadnot to keep the ferry ; and Tarlton, considering himself aggrieved, and being desirous of having the proceedings revised, moved this court for a writ of error, or other appropriate writ, by which that object may be effected.

1Opinion of the CourtCollier, C. J.

— There is no statute which provides for the revision, by this court, of a case such as that shewn by the record before us; and it is not necessary that we should take jurisdiction of it, in order to give to us “ a general superintendence and control of inferior jurisdictions.” The revisory authority of the Circuit Court of Montgomery, is adequate to a re-examination of the case, and to afford relief as ample as the law can grant. This being assumed, it is clear that this court is impliedly inhibited from issuing a “ remedial or original” writ to a Court of Revenue and Roads, unless, perhaps,…

2Cases cited4 opinions

  1. Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
  2. Pratt v. HallMassachusetts Supreme Judicial Court · 1808
  3. Ball v. BrighamMassachusetts Supreme Judicial Court · 1809
  4. Street v. FrancisOhio Supreme Court · 1827

3Cited by16 opinions

  1. The Homesteaders v. McCombs, Ins. Com'r.Supreme Court of Oklahoma · 1909
  2. Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
  3. Davis v. McCollochSupreme Court of Alabama · 1914
  4. Montg. So. Railway Co. v. SayreSupreme Court of Alabama · 1882
  5. Ex parte PearsonSupreme Court of Alabama · 1884

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