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3 Ala. 524

Corner v. Corner

Supreme Court of Alabama

Decided January 15, 1842

Supreme Court of Alabama · decided 1842-01-15

<p>I. A Judge of the County Court has no authority to award a writ of certiorari, return" able into the Circuit Court, in v, suit for a forcible.entry and detainer.</p>

Decided 1842-01-15

GOLDTHWAITE, J.

¶1The adtufÍ&40, provides that the Judjjes-of-the County Courts, shalljiáye*power to grant certio-rari^-, .returnable to the Circuit ;Cpuytsdift the same-manner that" they ai-e allowed to grant thp- -sapie --returnable to their oWri'Courts: Meek’s Supplement,.^; íB¿t4-his gives them no authority to award writs of certiorari'^ in cases of forcible entry .aM’detáiner, because these writs,-‘pfovidus to the statute, could not behnade returnable to the County-Courts. The only effect intended by this act, was to altáwl ,íhe‘.;-judges of the County Court,-to send such cases to the Ghciiit ‘Courts, as they might hátfe.Concurrent jurisdiction over, yby means of the certiorari, arid the terms of the statute apply, solely tO-the ordinary actions beftire Justices of the Peace.

¶2• '.THejudgment of the Circuit Court-is.-aflrmed.

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