Legal Opinion

Miller v. Jones

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 40 opinions

Appdal from the Talladega Circuit Court. Hon. LtsRoy F. Box, presiding. This appeal grew out of proceedings had under the act of December 11th, 1884, enacted by the General Assembly of Alabama, entitled “An Act to regulate the sale, giving away or otherwise disposing of spirituous, vinous or malt liquors, or intoxicating bitters, or patent medicines having alcohol as a base, in Talladega county.”

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Appdal from the Talladega Circuit Court. Hon. LtsRoy F. Box, presiding. This appeal grew out of proceedings had under the act of December 11th, 1884, enacted by the General Assembly of Alabama, entitled “An Act to regulate the sale, giving away or otherwise disposing of spirituous, vinous or malt liquors, or intoxicating bitters, or patent medicines having alcohol as a base, in Talladega county.” Under the authority of that act a petition was filed in the office of the judge of probate of Talladega county, on the 5th day of June, 1885, being a consolidation of two petitions, one dated…

1Opinion of the CourtClopton, J.

All judicial tribunals possess the inherent power to vacate, a.t any time, any order made by them which is void on its face. Such vacation will be made by the court, where the order is made, on motion by any party having an interest.— Glass v. Glass, 76 Ala. 368; Baker v. Barclift, 76 Ala. 414. If the order for the election is void on its face, and the appellee had sufficient interest, the application to vacate it was properly made, in the first instance, to the judge of probate, whose power and duty were, in such case, to quash the proceedings. — Savage v. Wolfe, 69 Ala. 569. The primary…

2Cases cited11 opinions

  1. Ballentyne v. WickershamSupreme Court of Alabama · 1883
  2. Ex parte BurnettSupreme Court of Alabama · 1857
  3. Town of Camden v. BlochSupreme Court of Alabama · 1880
  4. Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
  5. Joseph v. RandolphSupreme Court of Alabama · 1882

6 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Alabama State Federation of Labor v. McAdorySupreme Court of Alabama · 1944
  2. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  3. State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
  4. State ex rel. Meyer v. GreeneSupreme Court of Alabama · 1908
  5. Ajax v. GregoryWashington Supreme Court · 1934

35 more not listed; retrieve them via the Exa API.

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