Ex parte Grant & O'Barr
Supreme Court of Alabama
Petition for mandamus. On the 22d of April 1875, one Nabors, a justice of the peace, rendered judgment against petitioners, Grant & O’Barr, in favor of Holt and others, in an unlawful detainer suit for a steam saw mill. They prayed an appeal, and tendered the justice good and sufficient bond as required by §§ 3313 and 3314 of Rev. Code.
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Petition for mandamus. On the 22d of April 1875, one Nabors, a justice of the peace, rendered judgment against petitioners, Grant & O’Barr, in favor of Holt and others, in an unlawful detainer suit for a steam saw mill. They prayed an appeal, and tendered the justice good and sufficient bond as required by §§ 3313 and 3314 of Rev. Code. The justice refused to fix the yearly rental value of the property or to approve said bonds, and thereupon, on the 18th day of May 1875, they petitioned the probate judge, for a writ of certiorari, removing the cause to the circuit court, and that the writ of…
1Opinion of the CourtManning, J.
We have not been furnished with any brief or argument in this cause.
It was the duty of the justice of the peace, Mr. Nabors, to accept the bonds tendered, and grant the appeal and supersedeas applied for in this cause,, according to sections 3313 and 3314 of the Revised Code,. The refusal to do so was a denial of right to the petiti oners. •
In such a case, the law authorizes the judge of probate of the county, upon application t;o him to cause a certiorari to be issued for the removal of the cause from the court of the justice of the peace to the circuit court of the county. Rev. Code § 796.…
2Cases cited2 opinions
- John v. StateSupreme Court of Alabama · 1840
- Ex parte HendersonSupreme Court of Alabama · 1869
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