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2 Stew. 442

Farrar v. Foote

Supreme Court of Alabama

Decided January 15, 1830

Supreme Court of Alabama · decided 1830-01-15

This was a writ of error from the County Court of Perry county. S. Foote recovered a judgment against G. Farrar, before a justice of the peace; Farrar petitioned the Judge of the County Court for a certiorari, to remove the cause into that Court, which the Judge granted, and by his fiat directed writs of certiorari and supersedeas to issue. The petition scaú-fuit were filed with the clerk, and also a bond as required by the order.

Decided 1830-01-15

By JUDGE PERRY.

¶1It is the opinion of this Court, that a certiorari should have been awarded on the defendant’s motion to bring the papers into the County Court, because he was not bound to recognise, any proceedings returned into that Court, except such as were returned in obedience to a certiorari. Then as there was none, and as the Court dismissed the cause, the judgment must be reversed, and the cause remanded.

By JUDGE CRENSHAW.

¶2I think the certiorari was unnecessarj’, and that the cause ought to be remanded tor a trial denovo.

¶3Reversed and remanded.

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