Louisville & Nashville Railroad v. Solomon
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before the- Hon. J. C. Richardson. The appellee, G. W. Solomon, instituted a suit before a justice of the peace, against the Louisville & Nashville Railroad, to recover damages for killing a steer. The justice of the peace rendered judgment by default against the defendant.
Read the full summary
Appeal from the Circuit Court of Escambia. Tried before the- Hon. J. C. Richardson. The appellee, G. W. Solomon, instituted a suit before a justice of the peace, against the Louisville & Nashville Railroad, to recover damages for killing a steer. The justice of the peace rendered judgment by default against the defendant. Thereafter the defendant filed a petition averring that before the justice of the peace there was no proper proof of service of the summons and complaint upon the defendant, and asked for a writ of certiorari to be directed to the justice of the peace, requiring him to send…
1Opinion of the CourtTyson, J.
Whether the court properly overruled the demurrer to the appellant’s petition for the writ of certiorari and correctly quashed the proceedings and annulled the judgment rendered by the justice are ques*153tions not presented for review by this appeal. We, therefore, express no opinion upon them. Having annulled the judgment rendered against the petitioner, appellant here, by the justice and directed'the issuance of a writ of procedendo to that officer to retry the case, did the court have authority to tax the cost of this proceeding against the petitioner? This is the only question for our…
2Cases cited1 opinion
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
3Cited by2 opinions
- Mills v. Court of Com'rsSupreme Court of Alabama · 1920
- Atlantic Coast Line Ry. Co. v. Saunders Hdw. Co.Supreme Court of Alabama · 1909