Ex parte Sanford
Supreme Court of Alabama
This was a motion by a surety in a writ of error bond, to vacate a judgment rendered at the last term on a certificate from the clerk of the circuit court of Mobile. The motion is founded on the affidavit of Sanford, the certificate on file, and the transcript from the record from the circuit court.
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This was a motion by a surety in a writ of error bond, to vacate a judgment rendered at the last term on a certificate from the clerk of the circuit court of Mobile. The motion is founded on the affidavit of Sanford, the certificate on file, and the transcript from the record from the circuit court. From the affidavit it appears that Abijah Fisk, recovered a judgment in the circuit court, for tweniy-four hundred and twelve 32-100 dollars, against Thaddeus Sanford, who filed a bill in chancery to enjoin the same, and together with John B. Hogan as his surety, executed an injunction bond; at…
1Opinion of the CourtCollier, C. J.
In Russell, ct al. v. Peirce, [7 Porter’s Rep. 276,] we decided, that an order dissolving an injunction could not be revised on writ of error, but the only mode of bringing it before this court, was by an appeal under the act of 1836, and under the influence of that opinion the writ of error sued out in that case was dismissed. If the facts now shown by the papers before us, had been rnade known when the judgment on certificate was asked, we should have refused to render it, on the ground of a want of jurisdiction: first, because the clerk of the circuit court, was not authorised to award a…
2Cases cited2 opinions
- Ex parte RogersNew York Supreme Court · 1827
- Lessee of Hill v. WestSupreme Court of Pennsylvania · 1808
3Cited by6 opinions
- Buchanan v. ThomasonSupreme Court of Alabama · 1881
- Johnson v. Johnson's Adm'rSupreme Court of Alabama · 1866
- Pratt v. KeilsSupreme Court of Alabama · 1856
- Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
- Moore v. EasleySupreme Court of Alabama · 1851
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