Hoffman, Ahlers & Co. v. Alabama Distillery & Feeding Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before ITon. W. W. Wilkebson. •Hoffman, Ahlers & Co. brought suit against the Alabama Distillery & Feeding Co., a corporation.
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Appeal from Birmingham City Court. Tried before ITon. W. W. Wilkebson. •Hoffman, Ahlers & Co. brought suit against the Alabama Distillery & Feeding Co., a corporation. The suit was in justice court, and the return of the service of tlie summons made by the constable was, “executed the within by personal service on Jule L. Lockwood, president.” judgment by default was rendered; and the defendant applied for and obtained the common law writ of certiorari to have the judgment declared void. The only question considered in the opinion is whether or not the justice court had any jurisdiction’ at…
1Opinion of the CourtHaralson, J.
— Common law writ of certiorari from the judge of the city court of Birmingham, to correct alleged errors apparent, in the rendition of a judgment by a justice of the peace. On final hearing .the court granted the prayer of the writ and quashed the judgment that had been rendered.
The suit was by the appellants, Hoffman, Ahlers & Co., plaintiffs, against the appellee- Alabama Distillery & Feeding Company, a corporation, defendant, and urns on a promissory note by the company to plaintiff:, on which judgment by default was rendered by the justice for $82.62 and costs, on February 11th, 1899.…
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