Straughn v. Brake
Supreme Court of Alabama
Appeal from Escambia Circuit Court. Heard before Hon. A. E. Gamble. Action by J. L. Straughn, as .agent, against Alton Brake. From a judgment for defendant, plaintiff appeals.
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Appeal from Escambia Circuit Court. Heard before Hon. A. E. Gamble. Action by J. L. Straughn, as .agent, against Alton Brake. From a judgment for defendant, plaintiff appeals. Transferred from the Court of Appeals under section 6, p. 449, Acts 1911. The action was begun in the justice court, and garnishment was issued in aid of the suit, and judgment was rendered against defendant and garnishee; whereupon defendant petitions the' judge of probate of Escambia county for a writ of certiorari directed to said Elliott, notary public, and ex officio justice of the peace, commanding him to certify…
1Opinion of the Court
McCLELLAN, J.(l) The single error assigned brings into question a ruling of the circuit court in denying appellant’s motion to quash the writ of certiorari, issued by the judge of probate of Escambia county — on petition presented to him by the appellee — to a justice of the peace who had rendered a civil judgment against appellee (defendant there) and against the garnishee. The argument for error is that the writ sought in the petition was a common-law certiorari — not a statutory writ of certiorari, which only, of the two writs of this character, a judge of probate has power and authority…
2Cases cited2 opinions
- Guscott v. Roden & Co.Supreme Court of Alabama · 1896
- Gray v. Southern Railway Co.Supreme Court of Alabama · 1897
3Cited by1 opinion
- Bell v. IsbellAlabama Court of Appeals · 1935