Opinion

Ex Parte Slaughter

  • 217 Ala. 515
  • 116 So. 684
  • 1928 Ala. LEXIS 12
Court
Supreme Court of Alabama
Filed
Mar 29, 1928
Status
Published
Author
Brown
On the bench
Brown, Anderson, Somerville, Thomas
Cited by
12 cases
Authority
More cited than 85.3%

The opinion

*516

BROWN, J.

Common-law certiorari to review an order of the Honorable John Den-son, one of the judges of the circuit 'court of Jefferson county, discharging a rule to show cause, issued under section 4052 of the Code, on the complaint of the state fire marshal, against Ernest Henderson.

The function of the writ of certiorari at common law extends to the question of jurisdiction of the inferior tribunal and the external validity and regularity of the proceedings, but not to its intrinsic correctness. Where the forms of law have been followed and jurisdiction appears, here the inquiry ends. Independent Pub. Co. v. Amer. Press Ass’n, 102 Ala. 475 , 15 So. 947 ; Phillips et al. v. Holmes, 165 Ala. 250 , 51 So. 625 ; Adams v. City of Troy, 1 Ala. App. 544 , 56 So. 82 ; Dean v. State, 63 Ala. 153 ; Miller v. Jones, 80 Ala. 93 ; McCulley v. Cunningham, 96 Ala. 585 , 11 So. 694 ; 5 R. C. L. 250, § 3. Ex parte Dickens, 162 Ala. 272 , 50 So. 218 .

The complaint seems to have been made in conformity to the statute which- confers jurisdiction, and the matter was disposed of on the merits, and the proceedings appear in all things regular, with the result that the order discharging the rule must be affirmed. Phillips et al. v. Holmes, supra. Ex parte Dickens, supra.

Writ denied; affirmed.

ANDERSON, C. ' J„ and SOMERVILLE and THOMAS, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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