Ex parte Tarlton
Supreme Court of Alabama
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
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Pratt v. HallMassachusetts Supreme Judicial Court · 1808
- Ball v. BrighamMassachusetts Supreme Judicial Court · 1809
- Street v. FrancisOhio Supreme Court · 1827
3Cited by16 opinions
- The Homesteaders v. McCombs, Ins. Com'r.Supreme Court of Oklahoma · 1909
- Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
- Davis v. McCollochSupreme Court of Alabama · 1914
- Montg. So. Railway Co. v. SayreSupreme Court of Alabama · 1882
- Ex parte PearsonSupreme Court of Alabama · 1884
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