Wilson v. Scott
This text of 42 Ala. 348 (Wilson v. Scott) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
A. J. WALKER, C. J.
Tbe authority of the probate judge to award a certiorari, returnable into tbe circuit court, is derived from tbe statute, and cannot be extended by construction to certioraris, returnable into tbe city court. Revised Code, § 796. Tbe act establishing tbe city court of Montgomery, does not give the same extent of authority of awarding a certiorari, which previously pertained to tbe probate judge, in reference to tbe circuit court. — Stevenson v. Ohara, 27 Ala. 126; Matthews, Finley & Co. v. Sands, 29 Ala. 136; Flash, Hartwell, Cook, & Co. v. Paul, Cook & Co., ib. 141; Lewis v. Dubose, ib. 219.
Affirmed.
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42 Ala. 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-scott-ala-1868.