132 Ala. 586 | Ala. | 1902
— Tlie present appeal is prosecuted from a judgment of the circuit court dismissing the appeal which, was taken to that court by the statutory certiorari from the justice court. The ground, of the motion for the dismissal in the circuit court was that the circuit court had dismissed a former appeal in said cause on account of a defect in the security or bond for said appeal, and the former judgment of dismissal was the sole ground for dismissal of the present certiorari proceedings.
In the case of Washington v. Parker, 60 Ala. 447, the certiorari was sued out within the five days, the time prescribed in the statute for talcing an appeal from a justice to the circuit court, and the circuit court on motion dismissed the certiorari because it was sued out
Reversed and remanded.