Dean v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant in this case was arrested under a warrant, issued by a justice of the peace, charging him with the offense of petit larceny; and on his trial before the justice, on the 14th January, 1880, he was convicted, and sentenced to hard labor for the county for the term of six months.
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From the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant in this case was arrested under a warrant, issued by a justice of the peace, charging him with the offense of petit larceny; and on his trial before the justice, on the 14th January, 1880, he was convicted, and sentenced to hard labor for the county for the term of six months. Thereupon, oh the 16th January, 1880, he presented his petition for a certiorari to Judge Minnis, asking the removal of the case into the City Court; and in his petition he stated, “ that he did not at once take an appeal from the…
1Opinion of the Court
BBICKELL, 0. J.
A certiorari, at common law, was an original writ, issuing out of Chancery, or the King’s Bench, directed in the king’s name, to the judges or officers of inferior courts, commanding them to return the record of a cause depending before them, to the end the party may have the pore sure and speedy justice, before him, or such other justice as he shall assign to determine the cause. — 2 Bac.’ Abr. 162.' In its. nature'it was a revisory remedy, intended only for the correction of errors of law, apparent on the record. — Lamar v. Commissioners, 21 Ala. 772; Glaze v. Blake, 56 Ala.…
2Cases cited4 opinions
- Lamar v. Commissioners' Court of Marshall CountySupreme Court of Alabama · 1852
- Glaze v. BlakeSupreme Court of Alabama · 1876
- Mason v. MooreSupreme Court of Alabama · 1847
- Enis v. RossSupreme Court of Alabama · 1851
3Cited by19 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Thompson v. City of BirminghamSupreme Court of Alabama · 1928
- Town of Camden v. BlochSupreme Court of Alabama · 1880
- City of Decatur v. BrockSupreme Court of Alabama · 1910
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
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