Pensacola, A. & W. Ry. Co. v. Big Sandy Iron Co.
Supreme Court of Alabama
Pensacola, A. & W. Ry. Co. v. Big Sandy Iron Co., 147 Ala. 274 (Ala. 1906)
41 So. 418; 1906 Ala. LEXIS 185
Denson, Dowdell, Haralson, Weakley
Pensacola, A. & W. Ry. Co. v. Big Sandy Iron Co.
Opinion of the Court
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
Appeal dismissed.
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