Town of Camden v. Bloch
Supreme Court of Alabama
'Appeal from the Circuit Court of Wilcox. Tried before Hon. John 3L Henry. ■ The appellee in this case, Albert D. Bloch, was arrested under a warrant issued by the intendant of the town of Camden, charged with the violation of a municipal ordinance ; and was fined $2.50, besides costs, amounting in all to $10.75. He thereupon removed the proceedings, by certiorari, into the Circuit Court, alleging that the charter of the town made no provision for an appeal; and in return to…
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'Appeal from the Circuit Court of Wilcox. Tried before Hon. John 3L Henry. ■ The appellee in this case, Albert D. Bloch, was arrested under a warrant issued by the intendant of the town of Camden, charged with the violation of a municipal ordinance ; and was fined $2.50, besides costs, amounting in all to $10.75. He thereupon removed the proceedings, by certiorari, into the Circuit Court, alleging that the charter of the town made no provision for an appeal; and in return to the writ of certiorari, the intendant certified the following, as the entire record of the cause ; “ Town of Camden v.…
1Opinion of the CourtSomerville, J.
— The supervisory power of a superior over an inferior legal tribunal, by means of a common-law writ of certiorari, extends only to questions touching the jurisdiction of the subordinate tribunal, and the regularity of its proceedings. The appropriate office of the writ is to correct errors of lato, apparent on the face of the record. Conclusions of fact can not be reviwed, unless specially authorized by the statute. The trial is not de novo, but on the record; and the only matter to be determined is the quashing, or the affirmation, of the proceedings brought up for review. — Dean v. State,…
2Cases cited6 opinions
- Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
- Dean v. StateSupreme Court of Alabama · 1879
- Millard's Adm'rs v. HallSupreme Court of Alabama · 1854
- City Council v. FosterSupreme Court of Alabama · 1875
- Drake v. Johnston & SeatsSupreme Court of Alabama · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Greek v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1922
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Jacksonville, Tampa & Key West Railway Co. v. BoySupreme Court of Florida · 1894
- Ex parte Louisville & Nashville R. R.Supreme Court of Alabama · 1912
- Miller v. JonesSupreme Court of Alabama · 1885
27 more not listed; retrieve them via the Exa API.