Gregg v. Hinson
Supreme Court of Alabama
Error to Wilcox County court. This was a trial of right of property, before a justice of the peace, in which the defendants in this court were claimants. A verdict and judgment being rendered against them, they applied for, and obtained from the judge of the County court of Wilcox, a writ of certiorari, removing the cause into the County court for another trial, and a judgment was there rendered in their favor. From this judgment, a writ of error is prosecuted to this court.
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Error to Wilcox County court. This was a trial of right of property, before a justice of the peace, in which the defendants in this court were claimants. A verdict and judgment being rendered against them, they applied for, and obtained from the judge of the County court of Wilcox, a writ of certiorari, removing the cause into the County court for another trial, and a judgment was there rendered in their favor. From this judgment, a writ of error is prosecuted to this court. The only error relied on is, that the County court had not jurisdiction.
1Opinion of the CourtOrmond, J.
Whether the County court has jurisdiction in trials of right of property, on appeal or certiorari from the judgment of a justice, will depend on the construction of the different statutes. The act regulating ■trials of right of property before justices of the peace, was passed on the twentieth of December, eighteen hundred and twenty-two, and authorises an appeal to the next Circuit court. On the twenty-fourth of December, of the same year, an act was passed to regulate proceedings in the courts of law and equity in this State, and provides, *632that “ appeals shall lie from justices of the…
2Cited by1 opinion
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