The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-03-11
PETITION AGAINST
JUSTICE OF PEACE
Justice Weaver of EIyton Must
Appear in Inferior Court
LACK OF JURISDICTION
Papers Filed Before Judge H. 3. Alb
ernathy Yesterday-case Comes
Up on earnishment
Proceedings.
LACK OF JURISDICTION

Proceedings were instituted in the in
ferior court of Birmingham yesterday
against Justice of the Peace D. r. Weaver
of Elyton, seeking to prevent that official
from hearing cases brought before him
from points outside of the Jurisdiction of
his court 1t is understood that similar
proceedings are to be brought against
other justices of the peace in the county.
The matter came up I'm petition filed
yesterday morning before Judge II. B.
Alternately Of the inferior court by Pal
mer p. Daughette. an attorney at law.
Mr.. Daughette cited to the court the
matter of Edward Elder VS. Rit Moore.
now pending in the justice court of Judge
Weaver at Elyton. The attorney claims
that both the plaintiff and defendant TO
the suit at issue reside within the juris-
diction of the inferior court of Birming-
ham and not within the jurisdiction of
Justice Weaver.
Judge Alternately Immediately after con-
sidering the petition. issued citation di-
rected against Justice Weaver command
! ing him to appear in the inferior court of
Birmingham next Wednesday and show
cause why he should not release at once
the attachment pending against the wages
of Rit Moore, or be punished for con-
tempt of court. The papers were served
by Constable ]. T. Burton.
Petition of Attorney.
The petition filed is as follows
State of Alabama, jefferson County
To II. Ii. Abernathy, judge of the in
ferior court of Birmingham;
Your petitioner Rit Moore, respectful
ly showeth. unto your honor the follow
ing statement of facts
First. Petitioner is a resident of said
county and state and resides in Biz
mingham; that on to-wit, the 26th day
of February, 1906, he was sued by Ed
ward Elder in the justice court of d. r.
Weaver In said county; that upon said
summons and complaint said Justice
Weaver issued a garnishment thereby
attaching petitioners wages in the pos
session of Tanner Bros.
Petitioner further alleges that said
ID. r. Weaver has no jurisdiction over
said cause.
Premises considered petitioner prays
that restraining order be issued to the
said ID. r. Weaver. compelling him to
release said garnshment and to dismiss
oaiu CAUSE ulideI anu ny virtue Ol I1e
act creating the inferior court of Blr-
mlngham, Ala, section nine of said act
PALMER p DAUGHETTE,
Attorney for Petitioner"
Authority of Court.
Section nine referred to above is as fol-
lows:
BE 1T further enacted that the judges
of said court shall have power to issue
restraining order to any justice of the
peace of said county notary public
with powers of justice of the peace of
said county who assumes to exercise any
of the exclusive jurisdiction of said court,
and any such Justice of the peace exer-
clsing or attempting to exercise such
jurisdiction may be required to show
cause before the judge of said court why
he should not be punished for contempt
for disobedience to such restraining or
der"
The outcome of the hearing is looked
forward to with interest by the members
of the bar, The jurisdiction of the in
ferior court of Birmingham extends in
beats p and 81, which is the city of
Birmingham practically.