Southern Railway Co. v. Graham
Alabama Court of Appeals
Appeal from Clark Circuit Court. Heard before Hon. John T. Lackland. Action by John S. Graham against the Southern Railway for injury to stock. From a judgment quashing the writ of certiorari to bring up tbe case from the justice to the Circuit Court, the defendant appeals.
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Appeal from Clark Circuit Court. Heard before Hon. John T. Lackland. Action by John S. Graham against the Southern Railway for injury to stock. From a judgment quashing the writ of certiorari to bring up tbe case from the justice to the Circuit Court, the defendant appeals. The court erred in quashing the writ. — Hines v. Tribble, 57 South. 265; Gray v. Dean, 3 Ala. 716; Boyd v. Woodfin, 3 Stew. 357; Section 3259, Code 1907. The court ivas without power to issue the writ, and hence, properly granted the motion to quash it. — Subd. 1, sec. 3259, Code 1907; 3 A. & E. Enc. of Law, 60; 75 Ala.…
1Opinion of the CourtPelham, J.
The appeal in this case is prosecuted from a judgment of the circuit court of Clarke county quashing, on motion of appellee, (plaintiff in the trial court), the writ of certiorari by which the case was brought to that court from the court of a justice of the peace, and dismissing the proceeding in the circuit court. The record contains no bill of exceptions, nor does it show that an exception was reserved to the action of the court in granting the motion. To be reviewable here, the motion and the ruling thereon must be shown by bill of exceptions, and not being thus Shown, an affirmation…
2Cases cited6 opinions
- Randall v. WadsworthSupreme Court of Alabama · 1900
- Cottingham v. Greely Barnham Grocery Co.Supreme Court of Alabama · 1900
- Holley v. CoffeeSupreme Court of Alabama · 1898
- Hooper v. StateSupreme Court of Alabama · 1904
- Wilson v. StateSupreme Court of Alabama · 1902
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3Cited by1 opinion
- State ex rel. Tate v. PowellSupreme Court of Alabama · 1913