Louisville & Nashville Railroad v. Barker
Supreme Court of Alabama
Appeal from tlie City Court of Decatur. Tried before the Hon, ’Wi. H. SimpsoN, This was an action brought by the appellee, Joseph Barker, against the appellant, the Louisville and Nashville Railroad Company, a corporation, on June 16, 1890, before a justice of the peace, the plaintiff claiming of defendant “$87.00 due by account for the killing of 25 sheep by said railroad company, made by defendant on the 6th day of June, 1890, and due and payable on the — day of June,Í890;…
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Appeal from tlie City Court of Decatur. Tried before the Hon, ’Wi. H. SimpsoN, This was an action brought by the appellee, Joseph Barker, against the appellant, the Louisville and Nashville Railroad Company, a corporation, on June 16, 1890, before a justice of the peace, the plaintiff claiming of defendant “$87.00 due by account for the killing of 25 sheep by said railroad company, made by defendant on the 6th day of June, 1890, and due and payable on the — day of June,Í890; and plaintiff avers that this account is due and unpaid.” The defendant pleaded before the justice of th.e peace that…
1Opinion of the CourtMoOLELLAN, J.
It seems to be well settled by the decisions of this court that, on appeal or statutory certiorari from the judgment of a justice of the peace, the want of jurisdiction in the primary court can not be availed of unless objection thereto has been taken before the justice.— Glaze v. Blake. 56 Ala. 379; Burns v. Henry, 67 Ala. 209; Western Railway Co. v. Lazarus, 88 Ala. 453.
When the lack of jurisdiction appears from the complaint filed in the justice’s court, advantage of the fact may be taken by motion to dismiss the action, and where it does not appear on the face of the complaint, the facts…
2Cases cited15 opinions
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Riley v. StateSupreme Court of Alabama · 1889
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- Drum & Ezekiel v. HarrisonSupreme Court of Alabama · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Boyd v. Warren Paint & Color Co.Supreme Court of Alabama · 1950
- Stringer v. Alabama Mineral RailroadSupreme Court of Alabama · 1892
- Merrill v. Sheffield Co.Supreme Court of Alabama · 1910
- Edmunds v. State, ex rel. DedgeSupreme Court of Alabama · 1917
19 more not listed; retrieve them via the Exa API.