Ex parte Norris, Stodder, & Co.
Supreme Court of Alabama
■The counsel for Norris, Stodder, & Co., presented to the Court the certificate of the clerk of County Court of Sumter, in conformity to the statute, stating that they had recovered a judgment in that Court against one Joel W. Winston; and that Winston, on, &c., sued out a writ of error to this Court, and executed a bond, with sureties, &c. The counsel then suggested that, since the suing out of the writ of error — •plaintiff in error had died, and that Elizabeth.
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■The counsel for Norris, Stodder, & Co., presented to the Court the certificate of the clerk of County Court of Sumter, in conformity to the statute, stating that they had recovered a judgment in that Court against one Joel W. Winston; and that Winston, on, &c., sued out a writ of error to this Court, and executed a bond, with sureties, &c. The counsel then suggested that, since the suing out of the writ of error — •plaintiff in error had died, and that Elizabeth. E. Winston was the administra-trix of his estate; and an attorney of this Court stated that he. was authorised by Mrs. Winston, to…
1Opinion of the CourtCollier, C. J.
— By the first section of the act of 1820, “ concerning writs of error,” it is enacted, that the clerks of the Circuit Courts in this State, respectively, shall issue writs of error, returnable to the first day of the next term of the Supreme Court, and upon the suing out of a writ of error, shall issue a citation, to be served on the opposite party, or his attorney, and returned to the office of the clerk issuing it. And further, the citation and a transcript of the record, shall be delivered to the party, applying for the writ of error, or his attorney to be returned to the first day of the…
2Cited by2 opinions
- Moriarty v. KingMassachusetts Supreme Judicial Court · 1944
- Cox's Adm'r v. WhitfieldSupreme Court of Alabama · 1851