Ireland v. Brown

Alabama Court of Appeals

Ireland v. Brown

60 So. 559, 6 Ala. App. 234, 1912 Ala. App. LEXIS 64

CourtAlabama Court of Appeals

DecidedDecember 17, 1912

StatusPublished

Cited by2 cases

This text of 60 So. 559 (Ireland v. Brown) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ireland v. Brown, 60 So. 559, 6 Ala. App. 234, 1912 Ala. App. LEXIS 64 (Ala. Ct. App. 1912).

Pincite

Opinion

WALKER, P. J.

The judgment of the justice of the peace in this case was rendered more than six months before the institution of the certiorari proceedings by which the case was sought to be removed into the circuit court. The provision of the statute (Code, § 4714) that “no cause can be removed from a justice’s court after six months from the rendition of the judgment, by certiorari” is mandatory. The certiorari proceedings were ineffectual to remove the case into the circuit court, and the parties could not by consent confer on that court a jurisdiction which the statute withholds. That court not having acquired jurisdiction, its judgment is a nullity, and will not support an appeal. It follows that the appeal must be dismissed. — State of Alabama ex rel. Crow v. Crook, 123 Ala. 657, 27 South. 334; Lusk v. Capehart, 129 Ala. 599, 30 South. 31; Gardner v. Ingram, 82 Ala. 339, 2 South. 879.

Appeal dismissed.

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WALKER, P. J.

The judgment of the justice of the peace in this case was rendered more than six months before the institution of the certiorari proceedings by which the case was sought to be removed into the circuit court. The provision of the statute (Code, § 4714) that “no cause can be removed from a justice’s court after six months from the rendition of the judgment, by certiorari” is mandatory. The certiorari proceedings were ineffectual to remove the case into the circuit court, and the parties could not by consent confer on that court a jurisdiction which the statute withholds. That court not having acquired jurisdiction, its judgment is a nullity, and will not support an appeal. It follows that the appeal must be dismissed. — State of Alabama ex rel. Crow v. Crook, 123 Ala. 657, 27 South. 334; Lusk v. Capehart, 129 Ala. 599, 30 South. 31; Gardner v. Ingram, 82 Ala. 339, 2 South. 879.

Appeal dismissed.

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Bluebook (online)

60 So. 559, 6 Ala. App. 234, 1912 Ala. App. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ireland-v-brown-alactapp-1912.

Opinion

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