Ivey v. Pierce
Supreme Court of Alabama
ERROR to the Circuit Court of Lowndes. This case originated before a justice of the peace, who issued his warrant against the plaintiff in error, in favor of the defendant in error, in a plea of debt, due by note for the sum of thirty dollars. On the trial, the justice gave judgment in favor of the defendant in error for the amount of the note, including principal and interest, besides costs.
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ERROR to the Circuit Court of Lowndes. This case originated before a justice of the peace, who issued his warrant against the plaintiff in error, in favor of the defendant in error, in a plea of debt, due by note for the sum of thirty dollars. On the trial, the justice gave judgment in favor of the defendant in error for the amount of the note, including principal and interest, besides costs. Ivey appealed to the county court, where Pierce filed his declaration, or statement on the note, and on the trial, as appears by a bill of exceptions, Ivey, the defendant, there, offered to prove a…
1Opinion of the CourtClay, J.
The assignment of error here, is, that the circuit court erred in affirming the judgment of the county court, and consequently, presents the same questions made before that court.
The first two assignments bring in question the same thing; that is, the opinion of the court rejecting the deféndant’s own oath, offered to prove a credit to the amount of twenty dollars. We think the law, and the general practice under it, both sustain the opinion of the court. The section which applies, is in .the following words:
“ If the sum claimed be twenty dollars or under, the justice of the peace may, at the…
2Cited by2 opinions
- Beiser v. Sov. Camp W. O. W.Supreme Court of Alabama · 1916
- Hayden v. BoydSupreme Court of Alabama · 1845