Glazner v. Jenkins

ANDERSON, Chief Justice.

This is an appeal from a final judgment of the Presiding Judge of the Circuit Court denying a writ of prohibition against W. A. Jenkins, Judge of the Intermediate Court, after rule nisi issued to him and his acceptance of service and the judgment so rendered by Judge Thompson was final and appealable. Sections 8978 and 8980 of the Code of 1923 ; Wyker, Treasurer, etc. v. Francis, 120 Ala. 509, 24 So. 895; Mt. Vernon-Woodberry Cotton Duck Co. v. Alabama Interstate Power Co., 240 U.S. 30, 36 S.Ct. 234, 60 L.Ed. 507.

It is unquestionably the law that the first court which…