Cooper v. Maddan
Supreme Court of Alabama
EbROR to the County Court of Russell. This was a proceeding commenced before a justice of the peace on sixteen notes by the plaintiff, against the defendant in error, and judgment being obtained by him in all the cases, the latter removed the causes by certiorari. to the county court of Russell.
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EbROR to the County Court of Russell. This was a proceeding commenced before a justice of the peace on sixteen notes by the plaintiff, against the defendant in error, and judgment being obtained by him in all the cases, the latter removed the causes by certiorari. to the county court of Russell. In the county court, the plaintiff moved to dismiss the certiorari on the ground that the bond was insufficient, which the court refused — and on the defendant’s motion, the cases were consolidated, the plaintiff objecting thereto. The plaintiff then introduced the justice of the peace, and proved by…
1Opinion of the CourtOrmond, J.
We are unable to perceive any objection to the course pursued by the judge of the county court, in requiring but one bond to be given, as the condition on which the certiorari and supersedeas were to issue. It could subserve no valuable purpose to require sixteen bonds to be executed, when the same defence existed to all the judgments, and the rights of the plaintiffs could be fully secured by one. The certiorari should not, therefore, have been dismissed for this cause, and if the bond was defective, the defect should have been pointed out, that it might have been re'medied by the execution…
2Cited by8 opinions
- Ex Parte AshtonSupreme Court of Alabama · 1936
- Bickley v. BickleySupreme Court of Alabama · 1902
- Pentecost v. StateSupreme Court of Alabama · 1894
- Locomotive Engineers' Mutual Life & Accident Ass'n v. HiggsIndiana Court of Appeals · 1922
- Hobson v. PorterSupreme Court of Colorado · 1873
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