Thompson v. Clopton
Supreme Court of Alabama
Appeal from the Circuit Court of Benton. Tried before the Hon. William M. Bhooks. * This action was brought by J esse Clopton, an infant, suing by his next friend, against Eobert Thompson; and was commenced before a justice of the peace.
Read the full summary
Appeal from the Circuit Court of Benton. Tried before the Hon. William M. Bhooks. * This action was brought by J esse Clopton, an infant, suing by his next friend, against Eobert Thompson; and was commenced before a justice of the peace. The justice rendered, a judgment by default against the defendant, who afterwards took an appeal to a jury; and the jury having returned a verdict for the plaintiff" the defendant removed the case by appeal to the circuit court, and there pleaded in abatement that he was a freeholder and resident citizen of Tallapoosa county. The action of the circuit court…
1Opinion of the CourtStone, J.
— If the appellant, at the time he was sued before the justice of the peace in Benton county, Avas a freeholder, and a resident citizen of another county, he had the clear right to plead these facts in abatement of the suit; and upon proving his plea, the necessary result would have been, that the court would have repudiated the cause. Whether, if the defendant had interposed this plea before the justice of the peace, and, failing to obtain a decision upon it in his favor, had there made an unsuccessful attempt to defend before the justice on the merits, he would thereby have abandoned the…
2Cases cited3 opinions
- Lampley v. BeaversSupreme Court of Alabama · 1854
- Clough v. JohnsonSupreme Court of Alabama · 1846
- Read v. CokerSupreme Court of Alabama · 1827
3Cited by5 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Glaze v. BlakeSupreme Court of Alabama · 1876
- Noles v. MarableSupreme Court of Alabama · 1874
- Consumers' Roofing Co. v. LittlejohnSupreme Court of Alabama · 1933
- Duncan v. RichardsonSupreme Court of Alabama · 1859