Anders v. Lindsey

• Decision Date: 10 April 1919
• Docket Number: 8 Div. 167
• Citation: 82 So. 8,203 Ala. 48
• Parties: ANDERS et al. v. LINDSEY, Judge, et al.
• Court: Alabama Supreme Court

82 So. 8

203 Ala. 48

ANDERS et al. v. LINDSEY, Judge, et al.

8 Div. 167

Supreme Court of Alabama

April 10, 1919

Rehearing Denied May 22, 1919

Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge.

Petition for prohibition by James A. Anders and others against W.B Lindsey, as Judge, and others. From judgment for defendants plaintiffs appeal. Affirmed.

G.O Chenault, of Albany, for appellants.

Sample & Kilpatrick, of Cullman, and Wert & Lynne, of Decatur, for appellees.

MAYFIELD J.

Appellees sued appellants in unlawful detainer on February 28, 1911. The action was begun in the justice of the peace court of beat 3, Morgan county, Ala. Pending this action the defendants, appellants here, filed in the circuit court of Morgan county a petition to remove the cause from the justice court into the circuit court, to try title to land, thereby proceeding under section 4283 of the Code. The cause was so transferred to the circuit court, and a trial there had which resulted in a judgment for the defendants, appellants here. From this judgment the plaintiffs appealed to this court which appeal was dismissed because the circuit court never acquired jurisdiction, and hence the judgment appealed from was void and would not support an appeal. See report of appeal Sandlin v. Anders, 75 So. 901. This judgment of dismissal was dated June 7, 1917.

On December 17, 1917, at the motion of plaintiffs, the proceeding in the circuit court of Morgan county was dismissed, with direction to return the papers in the cause to the justice court, and that "said court may proceed to hear and determine the cause."

In March, 1918, the plaintiffs brought suit in the inferior court of Hartselle against the same defendants, the appellants here, as for unlawful detainer of the same lands as those described in the justice court; and a summons was issued to appellants to appear as defendants in that suit.

It appears that the office of justice of the peace had become vacant, but that beat 3 of that county adjoined Hartselle, or the beat in which the town is located, and that the inferior court of Hartselle had jurisdiction and right of venue as to parties and subject-matters of said beat 3. Defendants appeared specially in the inferior court, and pleaded to the jurisdiction of the court on the ground that the court had no jurisdiction because the land was in beat 3; and the parties resided in that beat. This plea, on motion of plaintiffs, was stricken. They then made special appearance and moved for a discontinuance.

The plaintiffs had alleged that all the papers in the justice court were lost, and they sought to establish copies thereof and to establish the papers, or copies thereof, in the inferior court. In other words, plaintiffs attempted to have this proceeding in the inferior court made a mere continuance of the prosecution begun in the justice court in 1911. The defendants moved to strike these copies of the proceedings from the justice court, and objected to the inferior court proceeding further with the cause. The inferior court overruled defendants' motion, and set the cause for hearing on a future date.

Before the arrival of this date set for trial, defendants applied to the circuit court of Morgan county for a writ of prohibition, enjoining the judge of the inferior court, Judge W.B. Lindsey, from proceeding further with the trial of the cause. The preliminary writ issued, but on final hearing to show cause the circuit court denied the petition for prohibition, and dismissed the application, and from that judgment this appeal is prosecuted.

If the inferior court had jurisdiction of the subject-matter and parties, the circuit court ruled correctly; if it did not have jurisdiction of the subject-matter or suit, then the ruling was erroneous.

There seems to be no dispute that the inferior court has jurisdiction of unlawful detainer suits, and under the facts not disputed had jurisdiction and right of venue as to such suits as to lands situated in beat 3 of Morgan county.

The record shows affirmatively that the jurisdiction of the court had attached, and that it could...