Bettis v. Nicholson
Supreme Court of Alabama
This was a writ of error from the County Court of Monroe county. The action originated in a justice’s court in said county. The warrant was issued in August, 1826, against Theophilus Nicholson, to answer the complaint of Monroe county; it was endorsed “to recover five dollars, returned by the overseer for failing to work on the roads,” and was executed on Nicholson.
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This was a writ of error from the County Court of Monroe county. The action originated in a justice’s court in said county. The warrant was issued in August, 1826, against Theophilus Nicholson, to answer the complaint of Monroe county; it was endorsed “to recover five dollars, returned by the overseer for failing to work on the roads,” and was executed on Nicholson. The judgement returned by the justice is thus stated : “Francis Bettis vs. Theophilus Nicholson, for the use of Monroe county. Judgement granted by default in favor of the plaintiff, for amount of account five dollars, costs…
1Opinion of the Court
By JUDGESAFFOLD.
This suit originated before a justice of the peace, against the defendant in error, for failing to work on the public road. He was returned as a defaulter, by the plaintiff in error, as overseer of the road. The warrant issued in the name of Monroe county as plaintiff. On. trial, the magistrate stated the case as between the overseer as plaintiff, and Bettis defendant-, for the use of Monroe county; and gave judgement against the defendant for the fine and costs of suit.
The next notice we have of the suit, was in the County Court. It seems to have been recognized by the Court…
2Cited by4 opinions
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- Wyatt v. AverySupreme Court of Alabama · 1848
- Rather v. StateSupreme Court of Alabama · 1834