8 Ala. 490 | Ala. | 1845
The writ of error being returnabte to the next term, the' cause is not now before us ; and if it was, as the bond by which execution is superseded is consequential to the writ of error, and not at all essential to the jurisdiction of this Court, it is the appropriate duty of the primary Court to determine whether it is a sufficient warrant for a supersedeas, and to order an execution to issue, if it shall be adjudged insufficient.
In Mansony ex parte, 1 Ala. Rep. 98, we held that the jurisdiction conferred upon the Supreme Court to issue writs of “ injunction, mandamus, &c.” is revisory, and can only be exercised where justice requires it, in order to control an inferior jurisdic-