Shackleford v. State
Supreme Court of Alabama
Appeal from Circuit Court, Bibb County; F. Loyd Tate, Judge. Petition by W. Z. Shackleford for a writ of certiorari to quash a proceeding in the county court, where the costs of a proceeding, charging trespass after warning instituted by the petitioner against Charles La Rouke, were assessed against petitioner. From a. judgment denying the writ, petitioner appeals.
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Appeal from Circuit Court, Bibb County; F. Loyd Tate, Judge. Petition by W. Z. Shackleford for a writ of certiorari to quash a proceeding in the county court, where the costs of a proceeding, charging trespass after warning instituted by the petitioner against Charles La Rouke, were assessed against petitioner. From a. judgment denying the writ, petitioner appeals. Section 6722, Code 1907, is highly penal, and should be strictly construed. 58 Ala. 579. The judgment of the county court did not and 'could not find either of the two facts which must exist before such judgment can be rendered.…
1Opinion of the CourtThomas, J.
The petition of W. Z. Shackleford was directed to the judge of the cir. cult court, praying for a writ of certiorari to quash and hold for naught a certain proceeding in the county court, charging trespass after warning, which was dismissed, and in which the petitioner was taxed with the costs of the prosecution. The petition for writ of certiorari being denied, appeal was taken to this court under' section 4866 of the Code. City of Birmingham v. Southern Bell T. & T. Co., 203 Ala. 251, 82 South. 519.
It was and is made to appear by the record that said petitioner was a resident of the county…
2Cases cited8 opinions
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Ex parte BanksSupreme Court of Alabama · 1856
- City of Birmingham v. Southern Bell Telephone & Telegraph Co.Supreme Court of Alabama · 1919
- Tillman v. WoodSupreme Court of Alabama · 1877
- Ex parte ChaseSupreme Court of Alabama · 1869
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3Cited by2 opinions
- George v. Board of Revenue and Road Com'rsSupreme Court of Alabama · 1921
- Donald v. Cotton States Tire & Rubber Co.Supreme Court of Alabama · 1921