Towns v. Malone

J. H. Towns (appellant here) recovered a judgment in the inferior civil court of Mobile county against appellee, Louis Malone. Said Malone subsequently presented a petition to one of the circuit judges of Mobile county specifically seeking the issuance of a common-law writ of certiorari for the removal of the cause to said court, which petition was granted without bond, the cause removed, and 'there tried de novo by the court without a jury. From the judgment there rendered, the plaintiff in said action prosecutes this appeal.

The invalidity of the judgment appears from the petition to rest…