Visible Measure Gasoline Dispenser Co. v. McCarty Drug Co.
Supreme Court of Alabama
Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. The Visible Measure Gasoline Dispenser Company applied to the circuit court of Geneva county for common-law of certiorari, to annul and vacate the judgment rendered by them in the justice court in which the McCarty Drug Company was plaintiff, and, the circuit court declining to grant the writ after a hearing on the merits, the petitioner appeals.
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Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. The Visible Measure Gasoline Dispenser Company applied to the circuit court of Geneva county for common-law of certiorari, to annul and vacate the judgment rendered by them in the justice court in which the McCarty Drug Company was plaintiff, and, the circuit court declining to grant the writ after a hearing on the merits, the petitioner appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The justice court judgment was void, and should have been vacated and annulled. 173 Ala. 599, 5-8 South. 203; 1 Ala.…
1Opinion of the CourtMiller, J.
This is a petition by the Visible Measure Gasoline Dispenser Company against McCarty Drug Company for common-law writ o-f certiorari to review the proceedings in the justice of the peace court in the case of McCarty Drug Company against petitioner, and to declare the judgment rendered null and void.
[1] If the judgment rendered by the justice of the peace court appears and is, on the face of the record, null and void, common-law certiorari is the proper proceeding to review the record and to have the judgment annulled. Independent Pub. Co. v. Amer. Press. Co., 102 Ala. 475, 15 South. 947; Ex…
2Cases cited7 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
- Long v. ClarkSupreme Court of Alabama · 1918
- Ex parte AllenSupreme Court of Alabama · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. PollockSupreme Court of Alabama · 1948
- City of Albany v. SpraginsSupreme Court of Alabama · 1922
- Ex Parte LutherSupreme Court of Alabama · 1936
- Roney v. Dothan Produce Co.Supreme Court of Alabama · 1928
- Bevis v. WishartAlabama Court of Appeals · 1942
2 more not listed; retrieve them via the Exa API.