Woodward Iron Co. v. Keller
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. GwiN. Assumpsit by J. G. Keller against the Woodward Iron Company. Judgment for plaintiff for less than the jurisdictional amount and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 450.
1Opinion of the CourtAnderson, C. J.
(1, 2) Section 5355 of the Code of 1907 plainly provides for setting aside the judgment and dismissing the cause where the suit is for a moneyed demand for an amount within the jurisdiction of the court if the judgment rendered is below the jurisdiction of the court, unless the amount was reduced by set-off successfully pleaded or unless the plaintiff makes the prescribed affidavit. This statute applies to all actions ex contractu, but not to torts.—First National Bank of Gadsden v. Pinson, 105 Ala. 588, 17 South. 182, and cases there cited; Smith v. Allen, 142 Ala. 148, 37 South. 933. The…
2Cases cited3 opinions
- Sharpe & Son v. BarneySupreme Court of Alabama · 1896
- Smith v. AllenSupreme Court of Alabama · 1904
- First National Bank v. PinsonSupreme Court of Alabama · 1894
3Cited by1 opinion
- Louisville N. R. Co. v. WatsonSupreme Court of Alabama · 1922