O.S. v. E.S.

What is now Ala.Code 1975, § 12-11-11, was originally enacted as § 4 of Act No. 725, Ala. Acts 1915. That entire act dealt with the transfer of a case erroneously filed in the law or equity “side” of the circuit court to the proper “side” of that court. When codified as part of the Code of Alabama 1940, what is now § 12-11-11 stated:

“Whenever it shall appear to any court of law or equity that any cause filed therein should have been brought in another court of like jurisdiction in the same county, the court shall make an order transferring the cause to the proper court....”

Ala.Code 1940, Tit.…