Wagnon v. Turner
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Tried before Hon. LkBoy E. Box. This suit was commenced before a justice of the peace, and was brought by B. E. Turner against Peter Wagnon, to recover, as shown by the complaint, fifty dollars as damages for the wrongful'cutting of certain timbers off plaintiff’s lands by the defendant. The summons commands the defendant to appear and “ answer the complaint of B. E- Turner in a plea of damages, not exceeding one hundred dollars.”
Read the full summary
Appeal from Etowah Circuit Court. Tried before Hon. LkBoy E. Box. This suit was commenced before a justice of the peace, and was brought by B. E. Turner against Peter Wagnon, to recover, as shown by the complaint, fifty dollars as damages for the wrongful'cutting of certain timbers off plaintiff’s lands by the defendant. The summons commands the defendant to appear and “ answer the complaint of B. E- Turner in a plea of damages, not exceeding one hundred dollars.” A plea to the jurisdiction was filed by the defendant before the justice, on the ground that the plaintiff sued to recover “ a sum…
1Opinion of the CourtBrickell, C. J.
— The plea to the jurisdiction of the justice was founded on the supposition that it was apparent, on the face of the summons, the damages claimed exceeded fifty dollars. The amount claimed was not shown by the summons, but was shown by the complaint accompanying it, intended doubtless to serve the purpose of an indorsement of the cause of action on the summons, which the statute requires. The plea was’frivolous, and could properly have been stricken from the-files on motion. — Johnson v. McLaughlin, 9 Ala. 551. The court below did not err in disregarding it.
But there was error in refusing…
2Cases cited3 opinions
- Woosley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1856
- Rhodes v. McFarlandSupreme Court of Alabama · 1869
- Johnson v. McLaughlinSupreme Court of Alabama · 1846
3Cited by7 opinions
- Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
- Talladega Mercantile Co. v. McDonaldSupreme Court of Alabama · 1892
- United States Rolling Stock Co. v. WeirSupreme Court of Alabama · 1892
- Ex Parte AndersonSupreme Court of Alabama · 1941
- Hudson v. WoodSupreme Court of Alabama · 1893
2 more not listed; retrieve them via the Exa API.