§ 16-13-205 — Writs of certiorari - Temporary restraining orders - Enforcement

(a) The circuit courts shall have power to issue writs of certiorari to any officer or board of officers, city or town council, or any inferior tribunal of their respective counties in order to correct any erroneous or void proceeding or ordinance and to hear and determine the proceeding or ordinance. (b) (1) Application for a writ of certiorari may be made to the court or the judge thereof in vacation on reasonable notice. (2) A temporary restraining order may be granted upon the application for a writ of certiorari on bond and good security being given, in a sum to be fixed by the court or the judge in vacation, conditioned that the applicant will perform the judgment of the court. (c) (1) Affidavits may be read on such applications, and evidence dehors the record may be introduced by either party on the hearing. (2) The record of any such inferior judicial tribunal shall be conclusive as far as the record extends, but the acts of any executive officer or board of that inferior tribunal shall only be prima facie evidence of their regularity and legality. (d) The court shall have power in such cases to enforce its judgment by mandamus, prohibition, and other appropriate writs.

Legislative History

Civil Code, § 18; Acts 1873, No. 88, § 1 [18], p. 213; 1899, No. 62, § 1, p. 112; C. & M. Dig., §§ 2237, 2238; Pope's Dig., §§ 2865, 2866; A.S.A. 1947, §§ 22-302, 22-303.