Taylor v. Woods
Supreme Court of Alabama
Appeal from Circuit Court of Sumter. Tried before Hon. Luther R. Smith. Taylor, appellant, brought' detinue before a justice of the peace against appellee, Woods, to recover a bale of cotton alleged in the complaint to be of the value of a hundred dollars. The justice of the peace having rendered judgment in favor of the plaintiff for the cotton, or $80 its alternate value, an appeal was taken to the circuit court.
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Appeal from Circuit Court of Sumter. Tried before Hon. Luther R. Smith. Taylor, appellant, brought' detinue before a justice of the peace against appellee, Woods, to recover a bale of cotton alleged in the complaint to be of the value of a hundred dollars. The justice of the peace having rendered judgment in favor of the plaintiff for the cotton, or $80 its alternate value, an appeal was taken to the circuit court. In that court the defendant below, Woods, demurred, on the ground that it appeared from the papers filed in the cause that the specific property sued for exceeded fifty dollars in…
1Opinion of the CourtBrickell, C. J.
The 10th section of the 5th article of the Constitution of 1819 (Clay’s Dig. p. 35) declared: “ A competent number of justices of the peace shall be appointed in and for each county, in such mode and for such term of office as the general assembly may direct. Their jurisdiction in civil cases shall be limited to causes in which the amount in controversy shall not exceed fifty dollars. And in all cases tried by a justice of the peace, right of appeal shall be secured, under such rules and regulations as maybe prescribed bylaw.”
This section was carried into the Constitution of 1865, without any…
2Cases cited8 opinions
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Adams v. MillsNew York Court of Appeals · 1875
- Crabtree v. CliattSupreme Court of Alabama · 1853
- Hall v. CannteSupreme Court of Alabama · 1853
- Pearce v. PopeSupreme Court of Alabama · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Banks v. StateSupreme Court of Alabama · 1921
- Johnson v. CraftSupreme Court of Alabama · 1921
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- State v. Birmingham So. Ry. Co.Supreme Court of Alabama · 1913
- State ex rel. Robertson v. McGoughSupreme Court of Alabama · 1897
15 more not listed; retrieve them via the Exa API.