Griffin v. Dauphin
Supreme Court of Alabama
Appeal from tlie Circuit Court of Covington. Tried before the Hon. John P. Hubbard. This was a statutory action of ejectment, brought by the appellee, J. M. Dauphin, against the appellant, J. P. Griffin, to recover certain lands specifically described -in the complaint. The defendant pleaded the general issue, and the cause was tried upon issue joined upon this plea.
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Appeal from tlie Circuit Court of Covington. Tried before the Hon. John P. Hubbard. This was a statutory action of ejectment, brought by the appellee, J. M. Dauphin, against the appellant, J. P. Griffin, to recover certain lands specifically described -in the complaint. The defendant pleaded the general issue, and the cause was tried upon issue joined upon this plea. The plaintiff based his right to recover upon the following facts: One T. E. Chesser sued one J. J. Harralson in a justice of the peace court. On appeal to the circuit court, judgment was rendered in said cause in favor of…
1Opinion of the CourtSharpe, J.
In Maxwell v. Pounds, 116 Ala. 551, and again in Marks v. Wood, ante, p. 533, it was held that an execution issued from the circuit court having indorsed thereon a statement of the costs, but without itemization of the costs as required by section 1883 of the Code, is by the terms of that statute made void. In the same section the statement to be indorsed on the execution is referred to as a “copy of the bill of costs.” Since there is no law requiring any officer of the circuit court to keep an itemized account of costs accruing in cm appealed from a justice court, we are of the opinion that…
2Cases cited7 opinions
- Humes v. BernsteinSupreme Court of Alabama · 1882
- English v. KeySupreme Court of Alabama · 1863
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Farris & McCurdy v. HoustonSupreme Court of Alabama · 1883
- Randolph v. CarltonSupreme Court of Alabama · 1845
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3Cited by1 opinion
- Archer v. SibleySupreme Court of Alabama · 1918