Van Dyke v. Battle

JUDGE CRENSHAW

delivered the opinion of the * Court.

In the Circuit Court of Dallas county. Van Dyke -brought an action of trespass against Battle, Hatcher and Rives. On the application of Battle, the Court ordeied the venue as to him only, to be changed to Autauga county, and a transcript of the record to be certified (o the Circuit Court of Autauga. This Court being of opinion that the cause could not be tried on a mere transcript, ordered a certiorari to the clerk of Dallas, requiring him to send the original papers. Van Dyke now petitions for process from this Court, to restrain the clerk *219fr…