Milazzo v. Commercial Finance Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. W. Ferguson, Judge. Suit iu justice court by S. Milazzo against the Commercial Finance Company. On appeal to the circuit court there was judgment for defendant, and plaintiff appeals. Transferred from the Court of Appeals under Act April 18,1911 (Acts 1911, p. 450), § 6.
1Opinion of the CourtThomas, J.
The suit was' originally brought in an inferior court of Jefferson county, where judgment was rendered for the defendant.
Plaintiff filed bond for appeal (September 28, 1916) to the circuit court, but the record discloses that no notice of the appeal was issued or served personally on defendant, or on his agent or attorney. Judgment in the circuit court, which was for plaintiff, was rendered in the absence of appellant or his counsel.
The record shows that the summons and complaint was filed in the inferior court of precinct 29, a court created in lieu of justices of the peace; that it was made…
2Cases cited10 opinions
- Gunter v. MasonSupreme Court of Alabama · 1899
- Doyle v. City of MobileAlabama Court of Appeals · 1915
- Freeman v. BridgesSupreme Court of Alabama · 1898
- Porter & Co. v. GodfreyAlabama Court of Appeals · 1915
- Bettis v. NicholsonSupreme Court of Alabama · 1828
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3Cited by3 opinions
- Ayers v. BarbourAlabama Court of Appeals · 1923
- Hall v. De Kalb CountySupreme Court of Alabama · 1922
- Cooledge v. McArdleSupreme Court of Alabama · 1924