[Return to Alabama Supreme Court Cases]
Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
At the last term, the plaintiff in error obtained an order for a certilorari, to bring up the record. The certilorari was now returned, with a citation issued long since the last term. The defendant now moved to quash the writ of error.
LIPSCOMB, J.The certiorari issued to bring up the record supposed to be in the court below, and not to make a new record. The clerk of the Circuit Court could not issue a citation, if he failed to do so before the return of the writ of error.
Let the writ of error be quashed.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), p. 98