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4 Stew. & P. 409

De Sylva v. Henry

Supreme Court of Alabama

Decided June 15, 1833

Supreme Court of Alabama · decided 1833-06-15

On motion to dismiss. In tills case, two judgments were rendered by a justice of the peace of Mobile county, in favor of the plaintiff in error, against the defendant: and on appeal, taken to the Circuit Court of Mobile, the judgments were reversed. The plaintiff took a writ of error, on these judgments, from this Coart; and in it embraced the judgments rendered below in both cases.. It was now moved, to dismiss the writ of error.

Cited by 2 later decisions — most recently November 1908

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1833-06-15

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Lipscomb, C. J.

¶1Two suits had been brought by the plaintiffs against the defendants, before a justice of the peace, and judgment given by the justice in his favor; an appeal was taken in each case, to the Circuit Court. The judgment of the justice of the peace was reversed, in hoth cases, and judgment given for the defendant.

¶2There was no order for a consolidation of the two suits ; but the two removed in the Circuit Court distinct from, each other. The plaintiff has in this case, embraced hoth in one writ of error, and brought up both judgments, for revision. The Circuit Court would, perhaps, on motion of the defendant, have *410consolidated the two suits. But surely it is not in the power of the plaintiff in error to do so, by embracing them both in one writ.

¶3The writ of error must be dismissed.

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