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HOWELL v. STATE

Court of Appeals of Alabama.
Apr 6, 1920
Judgment
Subsequent
References
CaseIQ
Case Information
CITATION CODES
citation codes
DOCKET NO.

2 Div. 218.

Attorney(S)

S.W. Compton, of Linden, for appellant. The complaint filed shows a want of jurisdiction in the justice court, and therefore the circuit court had no jurisdiction, and the appeal should be dismissed. Section 6733, Code 1907; 156 Ala. 89, 47 So. 104; 12 Ala. App. 119, 68 So. 499. J.Q. Smith, Atty. Gen., for the State. No brief reached the Reporter.

JUDGES

SAMFORD, J.

ACTS

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SAMFORD, J.

The charge as shown by the complaint filed was not within the jurisdiction of the justice of the peace. Code 1907, ยง 6733. The jurisdiction of the circuit court in this case is predicated and dependent upon the jurisdiction of the justice of the peace. It follows, therefore, that the judgment of the circuit court was a nullity and will not support an appeal. The appeal is dismissed on authority of Martin v. State, 156 Ala. 89, 47 So. 104.

Appeal dismissed.

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