McCLELLAN vs. ALLISON

McCLELLAN vs. ALLISON. 1. .When a judgment is rendered by a justice of the peace and the case is taken by certiorari to the Circuit Court, the certiorari should not be dismissed because the penalty of the bond is less than the amount prescribed by the order of the judge by whom the writ was granted. EmtoR to the Circuit Court of Talladega. Tried before the ■lion. Nathan Cook. Woodward, for plaintiff in error-. Shelly, contra. [MAJORITY — COLEMAN, J.] COLEMAN, J. Allison recovered a judgment against McClellan, before a justice of the peace, and the latter carried the case by certiorari into the Circuit Court. ‘ The certiorari was dismissed by the court on the motion of Allison, by his counsel, -as the judgment recites, “for irregularities.” In Carter v. Pickard, 11 Ala. 673, it was decided that an appeal from a justice of the peace should not be quashed for a defect in the bond, unless the appellant, upon being required by •the court, fails or refuses to execute a perfect one. The only irregularity we have been enabled to detect in the case, is, that .the penalty of the bond is for a less amount than was required by the order of the judge granting the certiorari. It does not ¿appear that McClellan failed or refused to give a perfect bond, ¿and consequently the court erred in dismissing the case, and the Judgment is reversed and the cause remanded.