Legal Opinion

Beach v. Lavender Bros.

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 5 opinions

Appeal from the City Court of Birmingham. Tried before the ITon. Charles A. Sbnn. The facts of the case are sufficiently stated in the opinion. The demurrers to the petition should have been overruled. — Independent Publishing Go. v. American Press Asso., 102 Ala. 475. If the defendant appeared at the jury trial, he waived all irregularities. — Sam-ply r. Beavers, 25 Ala. 534; Thompson v. Lea, 28 Ala. 454; Gager t. Gordon, 29 Ala. 344; Thompson.v.

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Appeal from the City Court of Birmingham. Tried before the ITon. Charles A. Sbnn. The facts of the case are sufficiently stated in the opinion. The demurrers to the petition should have been overruled. — Independent Publishing Go. v. American Press Asso., 102 Ala. 475. If the defendant appeared at the jury trial, he waived all irregularities. — Sam-ply r. Beavers, 25 Ala. 534; Thompson v. Lea, 28 Ala. 454; Gager t. Gordon, 29 Ala. 344; Thompson.v. Glop-ton, 31 Ala. 648. Common law certiorari was never a writ of right. It addresses itself to the sound discretion of the court when if is made to…

1Opinion of the Court

MoCLELLAN, G. J.

Lavender Bros, sued Beach in a justice court for a sum of money within the justices jurisdiction alleged to be due by account. Defendant .was duly served and appeared by attorney. The cause was tried by a jury'in the first instance, that is, without having been tried and judgment rendered by the justice and appeal therefrom to a jury. The jury made the following deliverance in writing: “We the jury find for the. plaintiff, and render judgment for twelve and 10-100 dollars and costs. R. C. Burns, Foreman.” No judgment was entered upon his docket by the justice as required by…

2Cases cited1 opinion

  1. Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893

3Cited by5 opinions

  1. State v. PollockSupreme Court of Alabama · 1948
  2. Ex Parte BiddleSupreme Court of Alabama · 1952
  3. Cottingham v. SmithSupreme Court of Alabama · 1907
  4. Ex Parte National Lumber Mfg. Co.Supreme Court of Alabama · 1906
  5. Schulte v. WilkeSupreme Court of Alabama · 1910

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