Hines v. Tribble
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Certiorari by George Tribble to review a. judgment rendered by a justice of the peace in favor of Ellen Hines against him. From a judgment quashing the justice’s judgment, the defendant in the writ appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Certiorari by George Tribble to review a. judgment rendered by a justice of the peace in favor of Ellen Hines against him. From a judgment quashing the justice’s judgment, the defendant in the writ appeals. The judgment of the inferior court was defective merely, and not void, and hence, the petitioner was not entitled to a common law writ. — Clemm v. Wise, 133 Ala. 408; Rose v. Pearson, 41 Ala. 692; Jones v. Pullen, 66 Ala. 310. The judgment of the inferior court was sufficient as a matter of law. — 24 Cyc. 589 and 601; 6…
1Opinion of the CourtWalker, P. J.
The petition for the writ of certiorari in this case in showing the rendition by the inferior court of a merely erroneous judgment in a cause of which it had jurisdiction of the subject-matter and of the parties, from which judgment an appeal lay, disclosed that it was not a case for the issuance of the common-law Avrit of certiorari, as in civil cases, when the remedy by appeal affords full and complete redress, the common-law writ of certiorari may not properly issue.—Lawler v. Lyness, 112 Ala. 386, 20 South. 574; Independent Publishing Co. v. American Press Association, 102 Ala. 475; 15…
2Cases cited8 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Wright v. HurtSupreme Court of Alabama · 1890
- Webb & Stagg v. McPherson & Co.Supreme Court of Alabama · 1904
- Clem v. WiseSupreme Court of Alabama · 1901
- Jernigan v. WilloughbySupreme Court of Alabama · 1909
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3Cited by3 opinions
- Starr Piano Co. v. BakerAlabama Court of Appeals · 1913
- Durham v. AtkinsSupreme Court of Alabama · 1926
- Linch v. ScottAlabama Court of Appeals · 1922