Smith v. Patton
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. The fuels of the -cuse are sufficiently stated in the opinion. cited Grantham v. Payne, 77 Ala. 584; Wriyht v. Hart, 92 Ala. 591; Wright v. Gray, 20 Ala. 363; Gasey v .Bryany, 1 S. & P. 51; Van Epps v. 8m ith, 21 Ala. 319.
1Opinion of the CourtTyson, J.
The appellant was sued in a justice court, and a judgment was rendered against him. After the expiration of the time allowed within which an *612appeal could have been prosecuted to tbe circuit court, he sued out a statutory writ of certiorari. On motion bis certiorari, was dismissed, 'and this appeal is prosecuted from tbe judgment of tbe circuit court dismissing it.
Tbe second ground of tbe motion alleges that tbe judgment in the justice court was satisfied, paid and extinguished before the. writ of certiorari was sued out. If this allegation was true in point of fact, there was a waiver or…
2Cases cited2 opinions
- Bradford v. BushSupreme Court of Alabama · 1846
- Hall v. HrabrowskiSupreme Court of Alabama · 1846
3Cited by4 opinions
- Barton v. Charter Gas Engine Co.Supreme Court of Alabama · 1907
- Shannon v. MowerSupreme Court of Alabama · 1914
- Chandler v. HardemanAlabama Court of Appeals · 1915
- Steading v. WheelerSupreme Court of Alabama · 1918