Steading v. Wheeler
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson-, County; J. E. Blackwood, Judge. Action by Robert J. Wheeler against R. O. Steading and others wherein plaintiff got judgment and defendants filed petition in certiorari to remove the cause to the circuit court, and plaintiff moves to dismiss th'e writ and to issue procedendo. From an order granting the motion, dismissing the writ and issuing procedendo, defendants appeal.
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Appeal from Circuit Court, Jefferson-, County; J. E. Blackwood, Judge. Action by Robert J. Wheeler against R. O. Steading and others wherein plaintiff got judgment and defendants filed petition in certiorari to remove the cause to the circuit court, and plaintiff moves to dismiss th'e writ and to issue procedendo. From an order granting the motion, dismissing the writ and issuing procedendo, defendants appeal. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. Robert J. Wheeler sued R. O. -Steading and others in the Birmingham court of common pleas, and recovered judgment on…
1Opinion of the CourtAnderson, C. J.
[1-3] Good pleading should have suggested that the petition for the statutory certiorari name the judge or the division of the inferior court rendering the judgment sought to be reviewed, but the petition was sufficient to authorize the probate judge to act and when he issued the fiat, which' was within six months of the rendition of the judgment, this operated as a timely removal of the cause to the circuit court as the “Birmingham court of common pleas” is but one court though composed of two judges, under the act of 1911 (Local Acts, p. 372), and it matters not that the writ as finally…
2Cases cited5 opinions
- Max J. Winkler Brokerage Co. v. CoursonSupreme Court of Alabama · 1909
- Wright v. HurtSupreme Court of Alabama · 1890
- Roddam v. BrownSupreme Court of Alabama · 1917
- Cottingham v. SmithSupreme Court of Alabama · 1907
- Smith v. PattonSupreme Court of Alabama · 1900
3Cited by2 opinions
- Durham v. AtkinsSupreme Court of Alabama · 1926
- Sprinkle v. Walter L. Couse CompanySupreme Court of Alabama · 1963