Opinion
7 Div. 924.
January 23, 1930.
Motley Motley, of Gadsden, for appellant.
Citizens and tribunals of the state are presumed and bound to know who its commissioned officers are and who is the incumbent, the dates of their commissions, when their terms commence and will expire. Coleman v. State, 63 Ala. 93; Cary v. State, 76 Ala. 78. The holding of the Court of Appeals is in error. Horton v. Elliott, 90 Ala. 480, 8 So. 103.
Frank J. Martin and Inzer, Inzer Davis, of Gadsden, for appellee.
On appeal to the circuit court from a justice court, the defendant cannot for the first time plead in abatement to the jurisdiction of the inferior court, where the question was not seasonably raised in the inferior court. Sheldon v. Lyon, 20 Ala. App. 623, 104 So. 576; L. N. v. Barker, 96 Ala. 435, 11 So. 453; Clem v. Wise, 133 Ala. 403, 31 So. 986; Glaze v. Blake, 56 Ala. 379.
"It seems to be well settled by the decisions of this court that, on appeal or statutory certiorari [which, when properly resorted to, serves every purpose of an appeal. Glaze v. Blake, 56 Ala. 386] from the judgment of a justice of the peace, the want of jurisdiction in the primary court cannot be availed of unless objection thereto has been taken before the justice." Louisville N. v. Barker, 96 Ala. 435, 11 So. 453. Cases thus carried to the Circuit Court, are there triable according to the jurisdiction of the latter court" (Glaze v. Blake, supra), meaning, as we apprehend, cases in which jurisdiction of the subject-matter is not by law denied to justice of the peace, as, for example, libel, slander, assault and battery, and ejectment. Constitution, § 168.
The opinion and judgment of the Court of Appeals, so far as concerns questions reviewable by certiorari from this court, were rendered in agreement with the authorities we have cited.
Writ denied.
ANDERSON, C. J., and THOMAS and BROWN, JJ., concur.