Ledbetter v. Castles
Supreme Court of Alabama
Writ of Error to the Circuit Court of Pickens. This was a motion for judgment at the suit of the plaintiff in error against Wm. Castles as a justice of the peace, and his co-defendants as his sureties, in an official bond, -for the sum of $32 04, the balance due on a promissory note collected by him in his official character, with ten per cent, damages per month from the 28th February, 1842, the day on which a demand was made.
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Writ of Error to the Circuit Court of Pickens. This was a motion for judgment at the suit of the plaintiff in error against Wm. Castles as a justice of the peace, and his co-defendants as his sureties, in an official bond, -for the sum of $32 04, the balance due on a promissory note collected by him in his official character, with ten per cent, damages per month from the 28th February, 1842, the day on which a demand was made. The defendants demurred to the motion, and the court dismissed the same, without costs to either party, upon the ground that it had no jurisdiction of the case. made…
1Opinion of the CourtCollier, C. J.
The act of 1829 provides that if any justice of the peace shall fail or refuse to pay on application any money received or collected 'by virtue of his office, to ‘the plaintiff, &c. judgment may be entered against him upon motion before any other justice of the peace of the county in which he may reside, for the amount so received by him, with ten per cent, a month damages thereon — three days’ previous notice being given of the motion: “Provided, the amount of the judgment so rendered shall not exceed $50 ; and in all cases where the amount exceeds that sum, the same remedy shall be had…
2Cited by2 opinions
- Crabtree v. CliattSupreme Court of Alabama · 1853
- Daggett v. WilleySupreme Court of Florida · 1855