Ex parte Boynton
Supreme Court of Alabama
1. Certiorari; when proper remedy. — Certiorari is a proper remedy to remove, for revision, a cause from the probate to the appellate court, where the order, decree, or proceeding, complained of, is claimed to be void. 2. Same; what should he done in primary court before applying for.- — Amotion to set aside the void action ought, however, to be first made in the primary court. 3. Same; when resort may he had directly to supreme court. — If such action occurs in a court from…
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1. Certiorari; when proper remedy. — Certiorari is a proper remedy to remove, for revision, a cause from the probate to the appellate court, where the order, decree, or proceeding, complained of, is claimed to be void. 2. Same; what should he done in primary court before applying for.- — Amotion to set aside the void action ought, however, to be first made in the primary court. 3. Same; when resort may he had directly to supreme court. — If such action occurs in a court from which an appeal may be taken to this court, or before a judge or court equal in authority and jurisdiction to any other…
1Opinion of the CourtB. E. Saeeold, J.
The petitioner, W. N. Boynton, alleges, that being the executor of the will of Alanson Saltmarsh, deceased, he was removed from his office by an order of the probate court, rendered on the 17th day of August, 1869, which tim e was not a day of any regular term to which said case was adjourned; that afterwards, on the 15th of September, 1869, he moved the said probate court to vacate and set aside the order removing him, whieh motion was heard and refused on the 10th day of November, 1869.
Upon affidavit stating these facts, he applied for and obtained, in vacation, a certiorari to bring the…
2Cases cited6 opinions
- Ex parte CroomSupreme Court of Alabama · 1851
- Ex parte BurnettSupreme Court of Alabama · 1857
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Hays v. CockrellSupreme Court of Alabama · 1867
- Garrison v. BurdenSupreme Court of Alabama · 1867
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3Cited by6 opinions
- Ex parte DickensSupreme Court of Alabama · 1909
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- Ex Parte Alabama Textile Products CorporationSupreme Court of Alabama · 1942
- Potts v. Court of CommissionersSupreme Court of Alabama · 1919
- State ex rel. Alabama Policy InstituteSupreme Court of Alabama · 2015
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