Donald v. Cotton States Tire & Rubber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Romaine Boyd, Judge. Petition of C. J. Donald and J. N. Carmicheal, as sureties on a forthcoming bond of the Fairfield Tire Company, for writ of prohibition restraining the judge of the municipal court, the constable and the Cotton States Tire & Rubber Company from executing a fieri facias, on the grounds of want of jurisdiction in the court to render the judgment on which same is based.
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Appeal from Circuit Court, Jefferson County ; Romaine Boyd, Judge. Petition of C. J. Donald and J. N. Carmicheal, as sureties on a forthcoming bond of the Fairfield Tire Company, for writ of prohibition restraining the judge of the municipal court, the constable and the Cotton States Tire & Rubber Company from executing a fieri facias, on the grounds of want of jurisdiction in the court to render the judgment on which same is based. From a judgment denying the writ, the petitioners appeal. Counsel discuss the merits of the petition, and the want of jurisdiction qf the trial court to render…
1Opinion of the CourtThomas, J.
The petition was for writ of prohibition against plaintiff Cotton States Tire & Rubber Company, Thomas Lea, as judge of the municipal court of Birmingham, and J. E. Matlock, as constable of precinct 12 in Jefferson county.
The judgment sustaining demurrer to the petition was rendered on November 13, 1920, and the appeal taken and perfected on March 25, 1921 — more than 30 days after the final judgment was rendered. Code, § 4866; Wells Amusement Co. v. Eros, 204 Ala. 239, 85 South. 692; Shackleford v. State, 204 Ala. 362, 85 South. 786; City of Birmingham v. Sou. Bell Tel. Co., 203 Ala. 251, 82…
2Cases cited6 opinions
- City of Birmingham v. Southern Bell Telephone & Telegraph Co.Supreme Court of Alabama · 1919
- State ex rel Crow v. CrookSupreme Court of Alabama · 1898
- Wells Amusement Co. v. ErosSupreme Court of Alabama · 1920
- Lusk v. CapehartSupreme Court of Alabama · 1900
- Ireland v. BrownAlabama Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dearborn Stove Company v. DeanAlabama Court of Appeals · 1958