Ex parte Renfro
Supreme Court of Alabama
In this case the transcript of a record of the Circuit Court of Macon has been presented, showing that since the commencement of the present term, a writ-of error was sued out by Reuben Kelly, to revise a judgment recovered at the term of that Court holden in the spring of this year, by Isabella Renfro, by her next friend, &c.
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In this case the transcript of a record of the Circuit Court of Macon has been presented, showing that since the commencement of the present term, a writ-of error was sued out by Reuben Kelly, to revise a judgment recovered at the term of that Court holden in the spring of this year, by Isabella Renfro, by her next friend, &c. It appears that the writ is returnable to January, 1846, that bond with surety has been executed for the successful prosecution of the same, and that the proceedings on the judgment have been stayed in the meantime, The plaintifi in the judgment, by her next friend, now…
1Opinion of the CourtCollier, C. J.
The writ of error being returnabte to the next term, the' cause is not now before us ; and if it was, as the bond by which execution is superseded is consequential to the writ of error, and not at all essential to the jurisdiction of this Court, it is the appropriate duty of the primary Court to determine whether it is a sufficient warrant for a supersedeas, and to order an execution to issue, if it shall be adjudged insufficient.
In Mansony ex parte, 1 Ala. Rep. 98, we held that the jurisdiction conferred upon the Supreme Court to issue writs of “ injunction, mandamus, &c.” is revisory, and…
2Cases cited1 opinion
- Ex parte MansonySupreme Court of Alabama · 1840
3Cited by1 opinion
- Tardy v. MurrySupreme Court of Alabama · 1850