Washington v. Parker
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. The record does not show the name of the presiding judge. In this case, an attachment was sued out on the 13th April, 1876, before a justice of the peace, by Thomas Parker, against John Washington; and a judgment by default was rendered by the justice, on the 15th April, 1876. On the 17th April, 1876, the defendant sued out a certiorari before the probate judge, returnable into the Circuit Court, alleging that the judgment was rendered…
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Appeal from the Circuit Court of Hale. The record does not show the name of the presiding judge. In this case, an attachment was sued out on the 13th April, 1876, before a justice of the peace, by Thomas Parker, against John Washington; and a judgment by default was rendered by the justice, on the 15th April, 1876. On the 17th April, 1876, the defendant sued out a certiorari before the probate judge, returnable into the Circuit Court, alleging that the judgment was rendered without personal notice to him. The papers having been sent up to the Circuit Court by the justice, in obedience to the…
1Opinion of the CourtBrickell, C. J.
In practice, a certiorari and an appeal are not regarded as concurrent remedies for the revision, or, rather, a trial de novo in the Circuit Court, of causes which have been decided by justices of tbe peace. A certiorari has been regarded as a remedy to which the party could resort, after by the lapse of time tbe right of appeal bad been lost. It has been said by tbis court, tbe certiorari should not be awarded, unless tbe petition avers a good reason for tbe failure to appeal.—Wright v. Gray, 20 Ala. 363. But, if granted without such averment, tbe cause cannot be repudiated by tbe Circuit…
2Cases cited2 opinions
- Van Eppes v. SmithSupreme Court of Alabama · 1852
- Wright v. GraySupreme Court of Alabama · 1852
3Cited by8 opinions
- Wright v. HurtSupreme Court of Alabama · 1890
- Guscott v. Roden & Co.Supreme Court of Alabama · 1896
- Walker v. KilbornCourt of Civil Appeals of Alabama · 1971
- Smith v. Atlanta Guano Co.Supreme Court of Alabama · 1902
- Grantham v. PayneSupreme Court of Alabama · 1884
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