Ireland v. Brown
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. .Action by J. S. Ireland against W. A. Brown, begun in the justice court and certioraried to the Circuit Court more than six months after the rendition of the judgment in the justice court. From a judgment in the circuit court annulling the judgment in the justice court, the plaintiff appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. .Action by J. S. Ireland against W. A. Brown, begun in the justice court and certioraried to the Circuit Court more than six months after the rendition of the judgment in the justice court. From a judgment in the circuit court annulling the judgment in the justice court, the plaintiff appeals. The provisions of section 4714, Code 1907, are mandatory, and after six months have expired from the rendition of the judgment in the justice court, it cannot be reviewed on certiorari by the circuit court. — Grantham v. Payne, 77 Ala.…
1Opinion of the CourtWalker, P. J.
The judgment of the justice of the peace in this case was rendered more than six months before the institution of the certiorari proceedings by which the case was sought to be removed into the circuit court. The provision of the statute (Code, § 4714) that “no cause can be removed from a justice’s court after six months from the rendition of the judgment, by certiorari” is mandatory. The certiorari proceedings were ineffectual to remove the case into the circuit court, and the parties could not by consent confer on that court a jurisdiction which the statute withholds. That court not having…
2Cases cited3 opinions
- State ex rel Crow v. CrookSupreme Court of Alabama · 1898
- Lusk v. CapehartSupreme Court of Alabama · 1900
- Gardner v. IngramSupreme Court of Alabama · 1886
3Cited by2 opinions
- City of Birmingham v. ReedAlabama Court of Appeals · 1949
- Donald v. Cotton States Tire & Rubber Co.Supreme Court of Alabama · 1921