Sewall v. Bates' Administrators
Supreme Court of Alabama
Rufus Sewall, by his counsel, filed his petition in this Court at this term, setting forth that at the April term, 1828, of Mobile Circuit Court, he had entered a rule against James P. Bates, then Sheriff of that county, requiring him to shew cause why he should not be held as special bail for the defendant in a suit therein pending, in which the petitioner was plaintiff, and one Daniel Stow was defendant; that the motion was heard and the Circuit Court determined that he…
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Rufus Sewall, by his counsel, filed his petition in this Court at this term, setting forth that at the April term, 1828, of Mobile Circuit Court, he had entered a rule against James P. Bates, then Sheriff of that county, requiring him to shew cause why he should not be held as special bail for the defendant in a suit therein pending, in which the petitioner was plaintiff, and one Daniel Stow was defendant; that the motion was heard and the Circuit Court determined that he should take riothing by his motion. t¡-jat the petitioner was desirous to procure a revision of that decision in this…
1Opinion of the Court
By JUDGE TAYLOR.
That a party situated as Se-wall is, should have some mode provided by which he can get his cause into the appellate Court for revision, is. certain. It was determined at the last term, that this cannot be done by suing out a writ of error from the office of the Clerk of the Circuit Court, in the manner which is proscribed, when the parties to the judgment are living.a The statute prescribes the mode of suing out a writ of error, which cannot be used in this case; therefore, to secure to the plaintiff his rights, some other practice'must be adopted. It is believed that the…
2Cases cited1 opinion
- Sewall v. Bates' adm'rsSupreme Court of Alabama · 1830
3Cited by2 opinions
- Kidd v. Josiah Morris & Co.Supreme Court of Alabama · 1899
- Perine v. BabcockSupreme Court of Alabama · 1838