Ex parte Floyd
Supreme Court of Alabama
The petition in this case alleged, tbat in November, 1865, tbe petitioner rented or leased a tract of land, situated near tbe city of Montgomery, from Mrs. Laura Holt, for tbe term of one year from tbe 1st December, 1865, entered into possession under said contract, and planted a crop; tbat in February, 1866, Mrs. Holt instituted an action of unlawful detainer against bim, and recovered a judgment before tbe justice of tbe peace for tbe possession of tbe land; tbat tbe cause…
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The petition in this case alleged, tbat in November, 1865, tbe petitioner rented or leased a tract of land, situated near tbe city of Montgomery, from Mrs. Laura Holt, for tbe term of one year from tbe 1st December, 1865, entered into possession under said contract, and planted a crop; tbat in February, 1866, Mrs. Holt instituted an action of unlawful detainer against bim, and recovered a judgment before tbe justice of tbe peace for tbe possession of tbe land; tbat tbe cause was removed by tbe defendant, by certiorari, into tbe circuit court of Montgomery, where a judgment was rendered in…
1Opinion of the CourtA. J. Walkeb, C. J.
We are asked'“to cause” the supersedeas of a writ of restitution, issued from the circuit court, in an action of unlawful detainer, from which an appeal has been taken to this court. An appeal bond, in double the amount of costs, was given, and the clerk refused to issue a supersedeas of the writ of restitution. It is contended that an order should be issued from this court, to the clerk of the circuit court, requiring him to issue a supersedeas of the writ of restitution.
There is no statute which requires a clerk of the circuit court to supersede a writ of restitution issued in an action of…
2Cases cited5 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Ex parte CroomSupreme Court of Alabama · 1851
- Ex parte PickettSupreme Court of Alabama · 1854
- Ex parte SimontonSupreme Court of Alabama · 1839
- Ex parte MansonySupreme Court of Alabama · 1840
3Cited by4 opinions
- Silver Peak Mines v. Second Judicial District Court ex rel. County of WashoeNevada Supreme Court · 1910
- Armstrong v. ArmstrongSupreme Court of Alabama · 1928
- State ex rel. Montgomery County v. AllenSupreme Court of Alabama · 1882
- Ex parte Louisville & Nashville R. R.Supreme Court of Alabama · 1912