Geneva County v. Hall

Supreme Court of Alabama

Geneva County v. Hall

93 Ala. 488

DecidedNovember 15, 1890

StatusPublished

This text of 93 Ala. 488 (Geneva County v. Hall) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Geneva County v. Hall, 93 Ala. 488 (Ala. 1890).

Pincite

Opinion

COLEMAN, J.

— The defendant was prosecuted under section 1425 of the Code, for making default as a road hand. The section provides that the penalty be recovered before a justice of the peace, in the name of the county. There is-nothing in the record to show that the cause was heard or determined by a justice of the peace. So far as disclosed by the record, it was originally tried in the Circuit Court. To give the Circuit Court jurisdiction, it was necessary that the-trial be first had before a justice of the peace, and then, on appeal or certiorari, the cause could be heard in the Circuit Court.

The trial in the Circuit Court resulted in the defendant’s-acquittal. Appellant can not complain of this result, as the trial court had no jurisdiction of the case.

Affirmed.

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COLEMAN, J.

— The defendant was prosecuted under section 1425 of the Code, for making default as a road hand. The section provides that the penalty be recovered before a justice of the peace, in the name of the county. There is-nothing in the record to show that the cause was heard or determined by a justice of the peace. So far as disclosed by the record, it was originally tried in the Circuit Court. To give the Circuit Court jurisdiction, it was necessary that the-trial be first had before a justice of the peace, and then, on appeal or certiorari, the cause could be heard in the Circuit Court.

The trial in the Circuit Court resulted in the defendant’s-acquittal. Appellant can not complain of this result, as the trial court had no jurisdiction of the case.

Affirmed.

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Bluebook (online)

93 Ala. 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geneva-county-v-hall-ala-1890.