Gray v. Southern Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Fayette. Tried before the Hon. S. H. Sprott. The facts of the case are sufficiently stated in the opinion. The provisions of the statute authorizing the issuance of writs of certiorari by probate judges have reference to statutory writs, and do not authorize the issuance of common law certiorari. — Code of 1886, § 795 ; 3 Amer. & Eng. Encyc. of Law, 60 ; 1 Brick. Dig. 833, § 12; 334, § 19 ; Ex parte Buckley, 53 Ala. 49. cited Independent Pub.
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Appeal from the Circuit Court of Fayette. Tried before the Hon. S. H. Sprott. The facts of the case are sufficiently stated in the opinion. The provisions of the statute authorizing the issuance of writs of certiorari by probate judges have reference to statutory writs, and do not authorize the issuance of common law certiorari. — Code of 1886, § 795 ; 3 Amer. & Eng. Encyc. of Law, 60 ; 1 Brick. Dig. 833, § 12; 334, § 19 ; Ex parte Buckley, 53 Ala. 49. cited Independent Pub. Co. v. Amer. Press Asso., 102 Ala. 478 ; Quscott v. Roden, 112 Ala. 636.
1Opinion of the CourtHaralson, J.
Section 795 of the Code of 1886 (Code of 1896, § 3372), which confers on the judges of probate authority “to grant writs of certiorari on any civil judgment rendered by a justice returnable to the next term of the circuit court,” lias reference entirely .to statutory writs of certiorari, in which cases, without reference to any error apparent on the record, trials are had de novo, as in appeal cases. — Code of 1886, §§ 3158, 3405. Common law writs of certiorari are granted to *655bring up the record of inferior courts and are strictly revisory, intended for the correction of errors of law…
2Cases cited4 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Town of Camden v. BlochSupreme Court of Alabama · 1880
- Stanfill v. Court of County RevenueSupreme Court of Alabama · 1885
- Guscott v. Roden & Co.Supreme Court of Alabama · 1896
3Cited by6 opinions
- Webb & Stagg v. McPherson & Co.Supreme Court of Alabama · 1904
- Birmingham Realty Co. v. City of BirminghamSupreme Court of Alabama · 1921
- Ex parte GriffinSupreme Court of Alabama · 1912
- Pitard v. McDowellAlabama Court of Appeals · 1912
- Straughn v. BrakeSupreme Court of Alabama · 1916
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