Patterson v. Grace
Supreme Court of Alabama
THIS was a proceeding commenced by the defendant in er_ ror, before a justice of the peace of Wilcox, against Patlerson, as constable, and Rosser and Forniss as bis sureties, upon an allegation that Patterson had failed to execute a capias ad satisfaciendum theretofore placed in his hands, at the suit of the defendant in error, against James Hanks.
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THIS was a proceeding commenced by the defendant in er_ ror, before a justice of the peace of Wilcox, against Patlerson, as constable, and Rosser and Forniss as bis sureties, upon an allegation that Patterson had failed to execute a capias ad satisfaciendum theretofore placed in his hands, at the suit of the defendant in error, against James Hanks. Upon the return of the summons, the justice of the peace rendered a judgment against the constable and his sureties, for nineteen and sixteen one-hundredth dollars, besides costs of suit; and thereupon issued an execution, which was levied upon the…
1Opinion of the CourtCollier, C. J.
— By an act passed in 1822, it is provided that appeals shall lie from justices of the peace, to the respective Circuit or County Courts, under the same regulations as thereto*266fore prescribed by law, for taking appeals to the Circuit Courts. (Aik. Dig. 261.) Again, it is enacted that the judges of the County Courts, within their respective Counties, shall have full power concurrent with the power of the judges of the Circuit Courts, to grant writs of certiorari and supersedeas returnable to the County Courts, under the same regulations now in force, relative to granting the aforesaid writs by…
2Cited by2 opinions
- Sabatino v. RichardsWest Virginia Supreme Court · 1945
- Lightfoot v. JordanSupreme Court of Alabama · 1879