Cottingham v. Smith
Supreme Court of Alabama
Common Law Certiorari to Quash Judgment. Appear from Bibb Circuit Court. Heard before Hon. B. M. Midler. Certiorari by J. W. Smith against J. M. Cottingham to quash a judgment of a justice of the peace rendered for Cottingham and against Smith. From a judgment annulling the judgment in the justice’s court, Cotting-ham appeals.
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Common Law Certiorari to Quash Judgment. Appear from Bibb Circuit Court. Heard before Hon. B. M. Midler. Certiorari by J. W. Smith against J. M. Cottingham to quash a judgment of a justice of the peace rendered for Cottingham and against Smith. From a judgment annulling the judgment in the justice’s court, Cotting-ham appeals. Defects which go to the jurisdiction over the subject matter cannot be cured, but jurisdiction over the person may be waived by the party. — 24 Cyc. 526. The officer may be permitted on proper showing either before or after notice, to amend Ms return to conform to tbe…
1Opinion of the CourtSimpson, J.
Tbe appellee filed a petition in tbe circuit court for a common-law writ of certiorari to tbe justice of tbe peace court to supersede a judgment therein. Tbe petition alleges that no process was issued, or any notice served on him; that be bad no notice or knowledge of any proceeding against him in said justice of tbe peace court, or of tbe judgment which was entered up against him on tbe 22d day of September, 1900, until some time in tbe year 1904; and that no process Avas issued on said judgment until September 27," 1806, Avhen an execution was issued thereon and levied on bis property. It…
2Cases cited4 opinions
- Memphis & Charleston Railroad v. BrannumSupreme Court of Alabama · 1892
- Martin v. TallySupreme Court of Alabama · 1882
- Burgin v. Ivy Coal & Coke Co.Supreme Court of Alabama · 1900
- Beach v. Lavender Bros.Supreme Court of Alabama · 1903
3Cited by4 opinions
- H. H. Hitt Lumber Co. v. TurnerSupreme Court of Alabama · 1914
- Steading v. WheelerSupreme Court of Alabama · 1918
- Campbell Motor Co. v. StanfieldSupreme Court of Alabama · 1929
- Cleveland v. Little Cahaba Coal Co.Supreme Court of Alabama · 1921