Pensacola, A. & W.R. Co. v. Big Sandy Iron Co.

• Decision Date: 17 May 1906
• Citation: 41 So. 418,147 Ala. 274
• Parties: PENSACOLA, A. & W. R. CO. v. BIG SANDY IRON CO. ET AL.
• Court: Alabama Supreme Court

41 So. 418

147 Ala. 274

PENSACOLA, A. & W. R. CO. v. BIG SANDY IRON CO. ET AL.

Supreme Court of Alabama

May 17, 1906

Appeal from Tuscaloosa County Court; Henry B. Foster, Judge.

"To be officially reported."

Action between the Pensacola, Alabama & Western Railroad Company and the Big Sandy Iron Company and others. From a judgment in favor of the iron company and others, the railroad company appeals. Appeal dismissed.

Pitts & Pitts, for appellant.

Augustus Benners and W. P. McCrossin, for appellees.

DENSON, J.

It cannot be gainsaid that, "since this court acts on the transcript alone, the latter must show all the facts essential to vest the court with jurisdiction to hear the cause." Therefore it must affirmatively appear in the transcript that there was a properly organized trial court by which a lawful judgment could be rendered. McPherson v. Wiggins (Ala.; April 28, 1906) 40 So. 961; 2 Ency. of Pl. & Pr. p. 265, (3), and authorities in note 2; 2 Cyc. p. 1033 (11), and authorities in notes 17 and 18. This record fails to show the organization of the trial court, and the appeal must be dismissed.

Appeal dismissed.

WEAKLEY, C.J., and HARALSON and DOWDELL, JJ., concur.