Holloway v. Henderson Lumber Co.

• Decision Date: 19 June 1919
• Docket Number: 4 Div. 831
• Parties: HOLLOWAY et al. v. HENDERSON LUMBER CO.
• Court: Alabama Supreme Court

82 So. 344

203 Ala. 246

HOLLOWAY et al. v. HENDERSON LUMBER CO.

4 Div. 831

Supreme Court of Alabama

June 19, 1919

Certiorari to Court of Appeals.

Suit by John Holloway and another against the Henderson Lumber Company. From judgment for plaintiffs in the sum of one cent, with costs, plaintiffs appealed to the Court of Appeals, and defendant cross-appealed. Judgment affirmed on main appeal, reversed and rendered on cross-appeal (81 So. 867), and plaintiffs petition for writ of certiorari. Writ awarded.

A.R. Powell, of Andalusia, for appellants.

Powell, Albritton & Albritton, of Andalusia, for appellee.

ANDERSON, C.J.

This action involves the title to, or possession of, land, and the Court of Appeals had no jurisdiction to determine the same. Section 2, p. 96, Acts of 1911. The Court of Appeals being without jurisdiction to decide this case, its judgment was coram non judice. The writ of certiorari is awarded under the general prayer for relief, and the judgment of the Court of Appeals (81 So. 867) is quashed, with direction to transfer the cause to this court under section 17, p. 103, Acts of 1911.

Writ awarded.

MAYFIELD, SOMERVILLE, and THOMAS, JJ., concur.