Linch v. Scott

This is an appeal from an order or judgment of the circuit court of Houston county, refusing to grant to appellant a common-law writ of certiorari, whereby it was sought to annul, vacate, and declare void a certain judgment rendered by a justice of the peace against the appellant and in favor of the appellee.

The contention is made that the proceedings before the justice are void because the justice failed to require the appellee, plaintiff in the justice court, to give security for cost; it being contended that he was a nonresident, and because the justice rendered judgment by default against…