Chilton County v. Grooms
Supreme Court of Alabama
Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Action for damages by Odie Grooms against Chilton County and R. N. Roebuck. From a judgment for plaintiff, defendants appeal.
Read the full summary
Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Action for damages by Odie Grooms against Chilton County and R. N. Roebuck. From a judgment for plaintiff, defendants appeal. In tort actions, where the recovery is not greater than $20, the plaintiff cannot recover costs greater than the damages, unless the presiding judge certify that the damages should have been greater, and on appeal in such eases the court will render judgment in conformity with the statute. Code 1907, § 3663; Guttery v. Boshell, ‘132 Ala. 596, 32 South. 304; Barden v. Maddox, 141 Ala. 506, 39 South. 95.…
1Opinion of the CourtGardner, J.
Appellee recovered a judgment against appellants in a tort action, the sum total of which did not exceed $20. The judgment of the trial court taxed the entire costs against the defendants, and for a review thereof this appeal is prosecuted. This action of the trial court was violative of the provisions of section 3663 of the Code of 1907, which reads as follows:
“In all actions to recover damages for torts, the plaintiff recovers no more costs than damages, where such damages do not exceed $20, unless the presiding judge certifies that greater damages should have been awarded; and on failure…
2Cases cited4 opinions
- Southern Ry. Co. v. LevySupreme Court of Alabama · 1905
- Danforth v. McClellanSupreme Court of Alabama · 1916
- Rarden v. MaddoxSupreme Court of Alabama · 1904
- Guttery v. BoshellSupreme Court of Alabama · 1902