Hunt v. Houtz
Supreme Court of Alabama
Appear from Jackson Circuit Court. Tried before Hon. Louis Wyeth. This was an attachment sued out before a justice to enforce a debt due by the appellee, Houtz, to the intestate of appellant, O. W. Hunt. Judgment was rendered subjecting the cotton levied on as the property of Houtz. White, the other appellee, obtained a certiorari and removed the cause to the Circuit Court. The petition for certiorari averred that White was claimant before the justice.
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Appear from Jackson Circuit Court. Tried before Hon. Louis Wyeth. This was an attachment sued out before a justice to enforce a debt due by the appellee, Houtz, to the intestate of appellant, O. W. Hunt. Judgment was rendered subjecting the cotton levied on as the property of Houtz. White, the other appellee, obtained a certiorari and removed the cause to the Circuit Court. The petition for certiorari averred that White was claimant before the justice. Motion was made to dismiss the certiorari on the ground that White was without right to appeal from -the justice’s judgment. The court…
1Opinion of the CourtBrickell, C. J.
It is only a party or privy, prejudiced by a judgment or a decree, who can prosecute an appeal, or a certiorari, for its reversal; and the principle applies as well to judgments rendered by justices of the peace as to judgments rendered by a superior tribunal. Nor can an appeal be prosecuted from any other than a final judgment, rendered by a justice of the peace. And if an appeal is prosecuted from any other than such judgment, it is the duty of the court, ex mero motu, to repudiate it.
It is too plain for argument, that whatever may be the *37right or title of White, to the cotton, on which the…
2Cited by8 opinions
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- Simmons v. Clark Equipment Credit Corp.Supreme Court of Alabama · 1989
- Robino v. KilgoreSupreme Court of Alabama · 2002
- Alcazar Shrine Temple v. MONTG. CTY. SHERIFF'S DEPT.Supreme Court of Alabama · 2003
- Duncan v. First Nat. Bank of JasperSupreme Court of Alabama · 1990
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