Vaughan v. Robinson
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Tried before the Hon. Robt. Dougherty. Yaughan sued Robinson before a justice of the peace, and judgment was rendered for the defendant, from which he appealed to the Circuit Court, and there filed his statement for forty-five dollars, to which Robinson pleaded non assumpsit.
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Error to the Circuit Court of Lowndes. Tried before the Hon. Robt. Dougherty. Yaughan sued Robinson before a justice of the peace, and judgment was rendered for the defendant, from which he appealed to the Circuit Court, and there filed his statement for forty-five dollars, to which Robinson pleaded non assumpsit. The evidence conduced to show that more than fifty dollars was due at the time of,trial, and that more than that amount was due when the suit was commenced before the justice, and that no portion of the same had been paid or remitted. The court charged, that if more than fifty…
1Opinion of the CourtGoldthwaite, J.
It is certainly true, that the jurisdiction of a justice of the peace in civil cases is limited to amounts not exceeding fifty dollars, and that a judgment rendered by that officer for over that amount, would be corato nonjudice, and void; yet when the case is removed into the Circuit Court, and is there pending, it is competent for the parties to treat it as if originating in that court; and if they do so, a judgment rendered for an amount exceeding fifty dollars, would be held good, by virtue of the general jurisdiction of-that' court. The defendant can, however, on the appeal, avail…
2Cases cited3 opinions
- Hart v. TurkSupreme Court of Alabama · 1849
- Bentley v. WrightSupreme Court of Alabama · 1842
- Rose v. ThompsonSupreme Court of Alabama · 1850
3Cited by9 opinions
- Glaze v. BlakeSupreme Court of Alabama · 1876
- Burns v. HenrySupreme Court of Alabama · 1880
- Little v. FittsSupreme Court of Alabama · 1858
- Webb v. Carlisle, Jones & Co.Supreme Court of Alabama · 1880
- Waring & Co. v. Gilbert & Bro.Supreme Court of Alabama · 1854
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