Porter v. Williams
Supreme Court of Alabama
Error to tbe Circuit Court of Talladega. Tried before tbe Hon. Ezekiel Pickens. This case originated before a justice of the peace, and was brought to the Circuit Court by writ of certiorari.
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Error to tbe Circuit Court of Talladega. Tried before tbe Hon. Ezekiel Pickens. This case originated before a justice of the peace, and was brought to the Circuit Court by writ of certiorari. From the bill of exceptions it appears, that Williams sued Porter before the justice, for a sum which is not stated; that the justice gave judgment for the latter, when Williams, during term time of the Circuit Court in April, 1851, applied for and obtained a writ of certiorari from the judge of said court, returnable to the November term of that year, when a trial was had, which resulted in favor of the…
1Opinion of the Court
LIGrON, J.'
Since the cases of Smith v. Donelson, 3 S. & P. 393, and Randolph v. Perry, 2 Por. 376, no doubt seems *527to have been entertained of tbe power of tbis court to revise on error tbe action of tbe Circuit Courts, on matters relating to taxation of costs. Tbe only exception to tbis rule is found in cabes arising under tbe act of 1824, regulating tbe taxation of costs in certain cases of appeal from justices of tbe peace, in wbicb tbe Circuit Courts are vested with discretionary power to impose tbe costs on either party; and in sucb cases, tbe exercise of that discretion cannot be…
2Cases cited1 opinion
- Beason v. RiddleSupreme Court of Alabama · 1847
3Cited by5 opinions
- Noles v. MarableSupreme Court of Alabama · 1874
- Dorrough v. MacKensonSupreme Court of Alabama · 1936
- Forcheimer & Co. v. KaverSupreme Court of Alabama · 1885
- Porter v. Tennessee Coal, Iron & R. R. Co.Alabama Court of Appeals · 1915
- Lewis v. WoodSupreme Court of Alabama · 1868