Guscott v. Roden & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action of assumpsit originally brought by the appellees, B. F. Roden & Co. against E. Nisbett and S. J. G-uscott, lately doing business under the firm name of Nisbett & Co.; and counted upon four past due promissory notes, alleged by plaintiffs to have been executed by the defendants, and to contain a provision that the defendants waived all their right to claim personal property as…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action of assumpsit originally brought by the appellees, B. F. Roden & Co. against E. Nisbett and S. J. G-uscott, lately doing business under the firm name of Nisbett & Co.; and counted upon four past due promissory notes, alleged by plaintiffs to have been executed by the defendants, and to contain a provision that the defendants waived all their right to claim personal property as exempt, and an agreement to pay all costs, including attorney’s fees, on making default in payment on the maturity of…
1Opinion of the CourtBbickell, C. J.
The more material question of the case, in view of the argument of counsel,is, whether the certiorari by which the cause was introduced into the circuit court, is to be regarded as a common law certiorari, or a statutory certiorari, but a form of appeal, by which causes tried before a justice of the peace are removed into the circuit court for a trial de novo. The circuit court regarded it as of the latter character, and in that opinion we concur. The order for the issue of the writ proceeded from the judge of probate, while the issue of a common law writ must proceed from the superior…
2Cases cited10 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Abraham v. AlfordSupreme Court of Alabama · 1879
- Dean v. StateSupreme Court of Alabama · 1879
- Harsh, McLean & Hardison v. HeflinSupreme Court of Alabama · 1884
- Terrell & Vincent v. Hurst, Miller & Co.Supreme Court of Alabama · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Endowment Department District Grand Lodge No. 23 G. U. O. O. F. v. HarveyAlabama Court of Appeals · 1912
- Gray v. Southern Railway Co.Supreme Court of Alabama · 1897
- Consolidated Motor Co. of Alabama v. MalikSupreme Court of Alabama · 1922
- House v. City of AnnistonAlabama Court of Appeals · 1912
- South North Alabama R. Co. v. MauterSupreme Court of Alabama · 1918
4 more not listed; retrieve them via the Exa API.