Wyatt v. Judge
Supreme Court of Alabama
Error to the Circuit court of Autauga county. William F. Hansford,, a justice of the peace of Autau-ga county, issued a notice, addressed to Henry B. Judge, a constable of that county, and his securities in office, reciting, that the plaintiffs had theretofore recovered a judgment against John A. Whetstone, for the sum of twenty-eight dollars and fifty cents debt, and one dollar thirty-one cents costs, before David Golightly, a justice of the peace for the same county: —…
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Error to the Circuit court of Autauga county. William F. Hansford,, a justice of the peace of Autau-ga county, issued a notice, addressed to Henry B. Judge, a constable of that county, and his securities in office, reciting, that the plaintiffs had theretofore recovered a judgment against John A. Whetstone, for the sum of twenty-eight dollars and fifty cents debt, and one dollar thirty-one cents costs, before David Golightly, a justice of the peace for the same county: — that execution was issued thereon, and placed in the hands of Judge, which he was required to execute and return, according…
1Opinion of the CourtCollier, C. J.
— Without pretending to inquire into, the sufficiency of the notice, we think the record shows that the Circuit court had no jurisdiction of the case-*39The judgment entered by the justice was certainly very informal, yet perhaps not more so, than we should often expect from a body of magistrates, usually selected, not with a regard to legal learning, but for their integrity and practical intelligence. By the “ default” of the plaintiff, we are to understand that he did not appear to prosecute his notice, in the same manner, as by the defendants “default,” he is said to come not and make…
2Cited by15 opinions
- City of Huntsville v. MillerSupreme Court of Alabama · 1958
- State v. PollockSupreme Court of Alabama · 1948
- Thompson v. LeaSupreme Court of Alabama · 1856
- Ellison v. StateCourt of Criminal Appeals of Alabama · 1975
- State Ex Rel. Atty. Gen. v. BrewerAlabama Court of Appeals · 1923
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