Caldwell v. Baldwin
Supreme Court of Alabama
Motion in this court for certiorari, and if refused, to submit cause, based on following facts : Erom the transcript filed in this cause, it appears that J. & M. Caldwell brought an action of assumpsit against J. P. Baldwin, in the circuit court of Pike, recovering a judgment against him by default. S. M. Smyth, county treasurer of Pike, was summoned to answer as garnishee. On the final hearing, the court discharged the garnishee, and the plaintiff excepted.”
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Motion in this court for certiorari, and if refused, to submit cause, based on following facts : Erom the transcript filed in this cause, it appears that J. & M. Caldwell brought an action of assumpsit against J. P. Baldwin, in the circuit court of Pike, recovering a judgment against him by default. S. M. Smyth, county treasurer of Pike, was summoned to answer as garnishee. On the final hearing, the court discharged the garnishee, and the plaintiff excepted.” From the bill of exceptions, which was duly signed- and sealed at the plaintiffs’ instance, it appears “ that the plaintiff and the…
1Opinion of the CourtPeters, J.
I have looked into the transcript filed in this case, and have not been able to find that any appeal has been taken from the judgment of the court below, and certified to this court. This is necessary in order to bring the cause here, unless it is a case in which this court could exercise original jurisdiction.
The constitution gives the general assembly authority to invest this court “with powers of a judicial nature.” — Art. YI, § 1, Const. Ala. But the character of the jurisdiction is prescribed by the constitution itself. This is done in the second section of the YI article. It is in these…
2Cited by1 opinion
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