Mason v. Moore
Supreme Court of Alabama
Writ of Error to the Circuit Court of Shelby. Mason, one of the plaintiffs in error, in March, 1846, petitioned the judge of the county court for certiorari and su-persedeas to remove to the circuit court a judgment obtained by Moore & Tulane, for the use of Moore, against him, be-foi’Q a justice of the peace. The petition does-not state when this judgment was given. The alledged ground for the cer-tiorari is, “ that the judgment has long since been paid.”
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Writ of Error to the Circuit Court of Shelby. Mason, one of the plaintiffs in error, in March, 1846, petitioned the judge of the county court for certiorari and su-persedeas to remove to the circuit court a judgment obtained by Moore & Tulane, for the use of Moore, against him, be-foi’Q a justice of the peace. The petition does-not state when this judgment was given. The alledged ground for the cer-tiorari is, “ that the judgment has long since been paid.” The certiorari, &c. was allowed and returned to the circuit court. Prom the return of the magistrate it appears judgment was given by him…
1Opinion of the CourtGoldthwaite, J.
Without stopping to inquire, whether the return of this certiorari to the circuit court, at the fiat of the county judge, or the relation in the petition that the judgment has long since been paid, are sufficient to distinguish this case from that of Alford v. Colson, 8 Ala. Rep. 550, where the rule is laid down, that motions to dismiss writs of certiorari must be made at the first term after appearance, we held the opinion, that here it was properly dismissed on account of the lapse of time. Previous decisions of this court show, that certiorari is not the proper writ to revise errors or…
2Cases cited2 opinions
- Richardson v. WilliamsSupreme Court of Alabama · 1837
- Alford v. ColsonSupreme Court of Alabama · 1845
3Cited by6 opinions
- Dean v. StateSupreme Court of Alabama · 1879
- Enis v. RossSupreme Court of Alabama · 1851
- Grantham v. PayneSupreme Court of Alabama · 1884
- Ex parte JordanAlabama Court of Appeals · 1962
- Lewis' Adm'r v. Lindsay's Adm'rSupreme Court of Alabama · 1858
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