Central of Ga. Ry. Co. v. Williams
Supreme Court of Alabama
Appeal from Clay Circuit Court. Heard before Hon. Jopin Pelham. A. J. Williams sued the Central of Georgia Railway Company, first in the justice court, for killing a mule.
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Appeal from Clay Circuit Court. Heard before Hon. Jopin Pelham. A. J. Williams sued the Central of Georgia Railway Company, first in the justice court, for killing a mule. There was a judgment there for plaintiff, and defendant appealed to the circuit court, where judgment was also rendered for plaintiff, and defendant brings this appeal. • — This case was not properly triable by jury. — Local Acts 1898-9, p. 196. The court erred in permitting the amendment striking from the complaint, the words, “further and additional” in order to give it jurisdiction. —12 A. & E. Ency. of Law, 183; 3 Mayf.…
1Opinion of the CourtMayfield, J.
— The' appellant states his case as' made on appeal as follows: This is an action on the cáse, begun in justice court by appellee, as plaintiff, to recover of appellant, as defendant, the sum of $100 for negligently killing plaintiff’s mule, a colt. There were two counts in the complaint in justice court, and in the' circuit court plaintiff filed five additional counts to the complaint. In each count thus added by amendment the plaintiff claimed “the further and additional sum” of .$100. The defendant moved to dismiss the suit because' the complaint as amended claimed more than the justice…
2Cited by2 opinions
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