Intendant of Marion v. Chandler
Supreme Court of Alabama
Whit of error to the Circuit Court of Perry. This was a proceeding commenced by a warrant issued by the Intendant at the suit of the plaintiff, for the breach of one of its by-laws, which imposed a penalty for the retailing of “spirituous or fermented liquors, within the corporate limits of the town of Marion, without first obtaining a licence for one year from the clerk of the said corporation.”
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Whit of error to the Circuit Court of Perry. This was a proceeding commenced by a warrant issued by the Intendant at the suit of the plaintiff, for the breach of one of its by-laws, which imposed a penalty for the retailing of “spirituous or fermented liquors, within the corporate limits of the town of Marion, without first obtaining a licence for one year from the clerk of the said corporation.” Upon the return of the warrant, a judgment was rendered against the defendant for the sum of ten dollars and costs. Afterwards the proceedings were removed by certiorari to the circuit court, at the…
1Opinion of the CourtCollier, C. J.
There can be no question, but it was competent for the circuit court in virtue of its general jurisdiction to award a certiorari in the present case. Ex parte Tarlton, [2 Ala. Rep. 35,] determines such to be the appropriate remedy where a new jurisdiction is created by statute, and the court exercising it, proceeds in a summary method, or in a course different from the common law. If the circuit court could not correct or annul an improper judgment rendered by an officer of the corporation under one of its by-laws, the party aggrieved would be remediless; for this court, under its general…
2Cases cited4 opinions
- Rogers v. JonesNew York Supreme Court · 1828
- Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
- Ex parte TarltonSupreme Court of Alabama · 1841
- John v. StateSupreme Court of Alabama · 1840
3Cited by27 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- Miller v. JonesSupreme Court of Alabama · 1885
- Briggs v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1914
- Ex parte BurnettSupreme Court of Alabama · 1857
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