Flowers v. Grant

3 Citing cases

  1. Town of Sanford v. Hartley

    63 So. 2d 705 (Ala. 1953)   Cited 5 times

    F. M. Smith, Andalusia, for appellee. A petition or pleading in a court of limited jurisdiction, seeking a statutory right, must aver every jurisdictional fact which must exist in order for the court to proceed, and failing to do so, the entire proceeding is coram non judice and void. Town of Flat Creek v. Alabama By-Products Corp., 245 Ala. 528, 17 So.2d 771; Cohen v. Wollner, Hirschberg Co., 72 Ala. 233; Flowers v. Grant, 129 Ala. 275, 30 So. 94; Savage v. Wolfe, 69 Ala. 569; Talley v. Grider, 66 Ala. 119; Miller v. Jones, 80 Ala. 89; State ex rel. Potts v. Court of County Com'rs, 210 Ala. 508, 98 So. 562. The failure to allege a jurisdictional fact is not cured by evidence of such fact. Alabama G. S. R. Co. v. Cardwell, 171 Ala. 274, 55 So. 185; Buchanan Contracting Co. v. Denson, 254 Ala. 55, 47 So.2d 171. A judgment or decree that is void for want of jurisdiction may be collaterally attacked.

  2. Southern Ry. Co. v. Webb

    167 So. 729 (Ala. 1936)   Cited 8 times

    Hugh Reed, of Center, and W. T. Murphree, of Gadsden, for appellant. The order for the election on the one-mill county tax was void because the petition therefor did not purport to be signed by 200 qualified electors who were also freeholders, nor was there any finding that the signers of the petition were free-holders by the commissioners' court. Ala. School Code 1927, § 253; Gen.Acts 1919, p. 606; Gantt v. Court of Com'rs, 210 Ala. 125, 97 So. 129; Flowers v. Grant, 129 Ala. 275, 30 So. 94; Jackson v. Board of Revenue, 215 Ala. 418, 110 So. 799. The levy of the three-mill district taxes was void because the court of county commissioners, in ordering the election, did not find that the county was at the time levying and collecting a three-mill county school tax and no map of the district in which the tax was proposed to be levied accompanied the petition therefor. Ala. School Code 1927, §§ 262, 270, 272; Wall-Hay-Wall Lumber Co. v. Mathews, 211 Ala. 426, 100 So. 824; Jackson v. Board of Revenue, supra.

  3. Town of Flat Creek v. Alabama By-Products Corp.

    245 Ala. 528 (Ala. 1944)   Cited 14 times

    Chas. W. Greer, of Birmingham, for appellees. Where court exercises special powers in proceedings not in accordance with common law its jurisdiction is limited and record must show on its face all facts necessary to exist as a condition precedent to court's authority to act. 15 C.J. 842, § 160; Amer. Surety Co. v. King, 237 Ala. 510, 187 So. 458; Cohen v. Wollner, 72 Ala. 233; McCulley v. Cunningham, 96 Ala. 583, 11 So. 694; State ex rel. Potts v. Court of Co. Com., 210 Ala. 508, 98 So. 562; Flowers v. Grant, 129 Ala. 275, 30 So. 94; Bottoms v. Brewer, 54 Ala. 288; Savage v. Wolfe, 69 Ala. 569; Tally v. Grider, 66 Ala. 119; Ex parte Buckley, 53 Ala. 42; Sole v. Geneva, 106 Neb. 879, 184 N.W. 900; 49 C.J. 143, § 150. Taxpayers of a town are persons who pay taxes in the town, whether they reside there or not. Brazeel v. Com. Court, 155 Ala. 196, 46 So. 484; 41 Words Phrases, Perm.Ed., 221.