Legal Opinion

Ex parte Martin

Supreme Court of Alabama

Decided April 8, 1913PublishedCited by 20 opinions

Certiorari to Court of Appeals. Petition by A. L. Martin, and others, for certiorari to the Court of Appeals to review their judgment and decision reversing the trial court in the cause of Town of Clayton v. A. L. Martin et al., reported in 7 Ala.

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Certiorari to Court of Appeals. Petition by A. L. Martin, and others, for certiorari to the Court of Appeals to review their judgment and decision reversing the trial court in the cause of Town of Clayton v. A. L. Martin et al., reported in 7 Ala. App. 190; 60 South. 963. In the absence of statutory provision, a writ of error or appeal will not lie from a voluntary non suit or non suit taken in consequence of adverse rulings.- — Vane v. Bird, 1 Stew. 189; Rogers v. Jones, 51 Ala. 453; Tate v. McOrary, 21 Ala. 499. Since the passage of the act of February 6, 1846, a writ lies only where the…

1Opinion of the CourtMayfield, J.

This is a petition for certiorari to the Court of Appeals. The. action in the trial court was by the town of Clayton against the petitioners as sureties on the bond of the town marshal.

The trial court sustained a demurrer to the complaint, and the town took a nonsuit and appealed to the Court of Appeals. On the appeal there was a reversal and remand’ment by the Court of Appeals, and the certiorari prayed is to revise that judgment and decision.

It is earnestly insisted that there was no judgment in the trial court which would support an appeal; that the Court of Appeals never acquired any…

2Cases cited1 opinion

  1. Wood v. ComanSupreme Court of Alabama · 1876

3Cited by20 opinions

  1. Schillinger v. WickershamSupreme Court of Alabama · 1917
  2. Herrmann v. Mobile CountySupreme Court of Alabama · 1918
  3. Wilbanks v. MitchellSupreme Court of Alabama · 1940
  4. McSheridan v. City of TalladegaSupreme Court of Alabama · 1942
  5. Universal Electric Const. Co. of Alabama v. RobbinsSupreme Court of Alabama · 1940

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