Ex parte Rodgers
Alabama Court of Appeals
Certiorari. Original petition in Court Appeals. Garfield Rodgers was convicted in tbe recorder’s court, and on appeal to tbe circuit court was also convicted and a sentence imposed, for violation of tbe prohibition law. He brings certiorari to quasb tbe judgment and sentence of tbe circuit court.
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Certiorari. Original petition in Court Appeals. Garfield Rodgers was convicted in tbe recorder’s court, and on appeal to tbe circuit court was also convicted and a sentence imposed, for violation of tbe prohibition law. He brings certiorari to quasb tbe judgment and sentence of tbe circuit court. Tbe giving of an appeal bond conditioned and approved as' required by law is a condition precedent to taking an appeal.— Ex parte Reese, 112 Ala. 62/ Tbe lower court was without jurisdiction as appears from tbe face of tbe bond, and it was its imperative duty to strike tbe case from tbe docket, as…
1Opinion of the CourtBb.own, J.
The common-law writ of certiorari is an extraordinary writ, and its office is to afford a review by a court of supervisory power of the proceedings of an inferior tribunal or officer exercising judicial functions that proceed in a summary manner and not in accordance with the common law. — 4 Ene. P. & P. 10; 3 Am. & Eng. Ency. Law (1st Ed.) 60, 61. While the writ is granted as of right when applied for by the state in criminal' proceedings (4 Ene.. P. & P. 37), this is not the rule as to individuals. In such cases, the writ will be granted or denied in the discretion of the court, according…
2Cases cited16 opinions
- Ex parte DickensSupreme Court of Alabama · 1909
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- Ex parte BizzellSupreme Court of Alabama · 1895
- Butler v. StateSupreme Court of Alabama · 1900
- Driggers v. CassadySupreme Court of Alabama · 1882
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
- Hardeman v. StateSupreme Court of Alabama · 1919
- Kirk v. StateAlabama Court of Appeals · 1916
- Bolling v. StateAlabama Court of Appeals · 1925
10 more not listed; retrieve them via the Exa API.