Wright v. Hurt
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. Jesse M. Carmichael- On September 19th, 1888, the appellant, Josephine Wright, recovered a judgment against the appellee, Wilson Hurt, in an action of forcible entry and unlawful detainer. On this .judgment a writ of restitution was issued, and the plaintiff in the said cause was put in possession of the lot involved in this suit.
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Appeal from the Circuit Court of Russell. Tried before the Hon. Jesse M. Carmichael- On September 19th, 1888, the appellant, Josephine Wright, recovered a judgment against the appellee, Wilson Hurt, in an action of forcible entry and unlawful detainer. On this .judgment a writ of restitution was issued, and the plaintiff in the said cause was put in possession of the lot involved in this suit. On the 22d June, 1889, the defendant in said cause petitioned the Judge of Probate of Russell county to grant a writ of certiorari, directed to the magistrate before whom said judgment was recovered,…
1Opinion of the Court
WALKEN, J.'
-The forcible entry and detainer of land is, under our statute, to be redressed by a civil proceeding before a justice of the peace, Welden v. Schlosser, 74 Ala. 355; and the judge of probate has authority to grant a writ of certiorari on a judgment rendered by a justice of the peace in sucha proceeding, returnable to the next Circuit Court of the County. Code of 1886, § 795. The writ operates to remove the case into that court for a trial de novo. It has long been settled in this State that, if the judge to whom a petition is presented deems the statement of facts therein…
2Cases cited7 opinions
- Marks v. CowlesSupreme Court of Alabama · 1878
- Ex parte Walter Bros.Supreme Court of Alabama · 1889
- Washington v. ParkerSupreme Court of Alabama · 1877
- Kennedy v. LeesCalifornia Supreme Court · 1861
- Welden v. SchlosserSupreme Court of Alabama · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- Ex Parte ForbusSupreme Court of Alabama · 1987
- Lehman-Durr Co. v. FolmarSupreme Court of Alabama · 1907
- Hines v. TribbleAlabama Court of Appeals · 1911
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