Supreme Court of Alabama, 1906

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

Supreme Court of Alabama · Decided May 17, 1906 · Denson, Dowdell, Haralson, Weakley

147 Ala. 274; 41 So. 418; 1906 Ala. LEXIS 185

Cases that cite this one

12 later published cases cite this decision.

Glenn v. Sutton (Ala. 1956)
McPherson v. Stallworth (Ala. 1955)
Bell v. Fulgham (Ala. 1918)
Ogden v. State (Ala. Ct. App. 1915)
Hudgins v. Pickens County (Ala. Ct. App. 1913)
Gallahar v. Ingram & Co. (Ala. Ct. App. 1913)
City of Demopolis v. Atkeison (Ala. Ct. App. 1912)
State v. Container Corp. of America (Ala. 1963)
Hambrick v. Hambrick (Ala. 1959)
Reynolds v. Henson (Ala. 1956)
Prince v. Hammock (Ala. 1956)
Garrard v. State ex rel. Waid (Ala. 1954)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DENSON, 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 dismissed.

Appeal dismissed.

Weakley, O. J., and Haralson and Dowdell, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.