Pruitt v. Stuart
Supreme Court of Alabama
Weit of Error to the County Court of Lowndes. This was a suit commenced before a justice of the peace, by the defendant, for the recovery of a debt as stated in the summons, amounting to forty-seven 50-100 dollars.
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Weit of Error to the County Court of Lowndes. This was a suit commenced before a justice of the peace, by the defendant, for the recovery of a debt as stated in the summons, amounting to forty-seven 50-100 dollars. A judgment being rendered by the justice for the sum of fifty dollars besides costs, the proceedings were removed by certiorari to the County Court, where the plaintiff filed a formal declaration, alleging that two of the plaintiffs in error, were indebted to him on the first day of January, 1839, in the sum of forty-seven 50-100 dollars, for work and labor done, &c. The cause was…
1Opinion of the CourtCollier, C. J.
It is insisted that the County Court could not render a judgment for a sum above the jurisdiction of the justice of the peace, before whom the cause was instituted, and that it should not have entertained the case.
The jurisdiction of justices of the peace, is expressly limited by law, to cases in which the amount in controversy does not exceed fifty dollars. And where a suit seeking the recovery of money, originates in one of these inferior tribunals, if it is remov*113<ed to the Circuit or County Court, the judgment should not exceed the amount for which, the primary jurisdiction was author-ised…
2Cited by7 opinions
- May v. DraperSupreme Court of Alabama · 1926
- Richmond & Danville Railroad v. HuttoSupreme Court of Alabama · 1893
- Rose v. ThompsonSupreme Court of Alabama · 1850
- Downs v. BaileySupreme Court of Alabama · 1902
- South & North Alabama Railroad v. BrownSupreme Court of Alabama · 1875
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