Manning v. Giles
Supreme Court of Alabama
Appeal from Chilton Circuit Court. 'Heard before Hon. W. W. Pearson. Assumpsit by Alex Giles against Malcolm Manning. Judgment for plaintiff and defendant moved to set aside the judgment and dismiss the suit, the plaintiff having failed to file the requisite affidavit. The court denied the motion and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450.
1Opinion of the CourtSomerville, J.
Plaintiff sued in the circuit court on the common counts for $65, and the case was tried on the general issue by the court without a jury. There was judgment for plaintiff for $18.50, whereupon defendant moved that the judgment be set aside and the suit dismissed, on the ground that the sum recovered was not within the jurisdiction of the court.
There being no question of set-off, and plaintiff not having filed any affidavit that a sum in excess of $50 was actually due *152him, as required by the statute (Code, § 5355), the motion should have been granted.—Camp v. Marion County, 91 Ala. 240, 8…
2Cases cited2 opinions
- Smith v. AllenSupreme Court of Alabama · 1904
- Camp v. Marion CountySupreme Court of Alabama · 1890