Moore v. Bell
Supreme Court of Alabama
Error to the County Court of Perry. Bushrod W. Bell, having obtained a judgment in the county court of Perry county, at the February term, 1846, against John B. Moore, for the sum of $285 33, afterwards, the 8th July, 1847, the said plaintiffs in error filed their petition in the said court, in which, after reciting the proceedings and judgment against said Moore, it is averred, at the time the judgment was rendered, as petitioners believe, and. certainly before the issual…
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Error to the County Court of Perry. Bushrod W. Bell, having obtained a judgment in the county court of Perry county, at the February term, 1846, against John B. Moore, for the sum of $285 33, afterwards, the 8th July, 1847, the said plaintiffs in error filed their petition in the said court, in which, after reciting the proceedings and judgment against said Moore, it is averred, at the time the judgment was rendered, as petitioners believe, and. certainly before the issual of any execution thereon, the said plaintiff in the judgment departed this life, and that said judgment has never been…
1Opinion of the Court
CHILTON, J
By the act of 1822, (Dig. 297, $ 8,) it is provided that judges of the county courts, within their respective counties, shall have full power, concurrent with the power of the judges of the circuit courts, to issue writs of certiorari and supersedeas, returnable to the county courts in the same manner as writs of this character had theretofore been issued by the judges of the circuit courts. The county, court having, by virtue of this statute, full jurisdiction of the petition, I cannot readily perceive upon what grounds it was dismissed. True, it alledges matter of payment going…
2Cases cited6 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Lockhart v. McElroySupreme Court of Alabama · 1843
- Berryhill v. WellsSupreme Court of Pennsylvania · 1812
- Mabry v. HerndonSupreme Court of Alabama · 1846
- Oswitchee Co. v. HopeSupreme Court of Alabama · 1843
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