Carter v. Douglass
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega County. This action was instituted before a justice of the peace; and after judgment, was removed by certiorari, to the County Court, from which, it was transferred to the Circuit Court by consent of the parties.
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Writ of error to the Circuit Court of Talladega County. This action was instituted before a justice of the peace; and after judgment, was removed by certiorari, to the County Court, from which, it was transferred to the Circuit Court by consent of the parties. The defendants are described in the warrant, and other proceedings before the justice, as Carter, Iiogan & Co. The statement filed in the Circuit Court, describes them by their Christian and surnames, as partners, using the name of ' Carter, Hogan & Co. Plowman, one of the defendants, and at whose instance, the certiorari was allowed,…
1Opinion of the CourtGoldtii Waite, J.
1. The motion to quash the warrant and execution, issued by the justice of the Peace, was properly overruled, because the statute provides, that the Court shall proceed to try the claim de novo, without regarding any defect in the proceedings before the justice.
*5012. It does not appear, that the proceedings sent up by the justice, were deficient in any manner; but, on the contrary, it was shown, from his examination, that all the papers appertaining to the case, had been transmitted in obedience to the first certiorari. But independent of this, we think the refusal to award a certiorari, when a…
2Cases cited1 opinion
- Whitney & Bancroft v. Sterling & HunterNew York Supreme Court · 1817
3Cited by6 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Eggleston v. WilsonSupreme Court of Alabama · 1924
- Marble & Son v. Lypes & Co.Supreme Court of Alabama · 1886
- Tanner & DeLaney Engine Co. v. HallSupreme Court of Alabama · 1889
- Slaton v. AppersonSupreme Court of Alabama · 1849
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