Hightower v. Crow
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This was an action of detinue brought by the appellant against the appellee ; and was originally commenced in a justice of the peace court.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This was an action of detinue brought by the appellant against the appellee ; and was originally commenced in a justice of the peace court. On an a£)peal to this court, prosecuted from a judgment by default rendered against the plaintiff in the circuit court, the appellee moved for a writ of certiorari to the clerk-of the circuit court of Lowndes county, commanding him to transmit to this court a true transcript of the record and proceedings in-the case of Hightower v. Grow. This motion was spread upon the motion…
1Opinion of the CourtBrickell, C. J.
1. The office of a certiorari issuing from this court under the 15th rule of practice, (Code, *586p. 802), is well defined by the rule. It is “to perfect or bring up a complete record” from the primary court of the cause pending in this court for review. The introduction here of the recox’d of a separate, distinct suit or proceeding, though between the same parties, pending or determined in the primary court, is not within the scope or mandate of the writ. The writ of itself refers to the record which is to be perfected or completed; and in return to it, no record materially variant from that…
2Cases cited4 opinions
- Montevallo Coal Mining Co. v. ReynoldsSupreme Court of Alabama · 1870
- Bettis v. NicholsonSupreme Court of Alabama · 1828
- Kane v. GammellSupreme Court of Alabama · 1874
- Wyatt v. AverySupreme Court of Alabama · 1848
3Cited by2 opinions
- Milazzo v. Commercial Finance Co.Supreme Court of Alabama · 1918
- Cooledge v. McArdleSupreme Court of Alabama · 1924