Mobile Light & Railroad v. George
Alabama Court of Appeals
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by L. B. George against the Mobile Light & Railroad Company for ,*150.00 damages, for the negligent killing of an.animal. Judgment for plaintiff, and the defendant appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by L. B. George against the Mobile Light & Railroad Company for ,*150.00 damages, for the negligent killing of an.animal. Judgment for plaintiff, and the defendant appeals. The complaint claimed exactly $50.00 in a suit for injury to an animal, and the court was without jurisdiction to hear and determine the cause; hence, the judgment is void. — McClure v. Leigh, 30 Ala. 208; Sec. 3255, Code 1907; Sec. 143, Const. 1901. The want- of jurisdiction in this instance was not ivaived by submission to a trial. — 3 Mayf.…
1Opinion of the Court
de GRAFFENRIEI), J.
This suit was brought in the circuit court of Mobile County by the appellee against the appellant, and the amount sued for in his complaint was exactly $50. The appellee claimed the above sum of the appellant, because he alleged that an animal of Ms, through the negligence of the servants of the appellant, acting within the scope of their employment, was killed. There was a trial by jury, a verdict for something less than $50, and a judgment on said verdict, and this appeal is taken to reverse said judgment.
Section 143 of the Constitution provides that the circuit court,…
2Cases cited1 opinion
- McClure v. LaySupreme Court of Alabama · 1857
3Cited by2 opinions
- Ex parte SimpsonAlabama Court of Appeals · 1912
- Kershaw v. McKownAlabama Court of Appeals · 1915