Pearce v. Pope
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before Hon. John Moore. This action was commenced by the appellant against the appellee, in a justice’s court, on the 25th October, 1865. The cause of action was a promissory note made by the defendant. The justice rendered judgment against the defendant on 13th November, 1865, for sixty-two 55-100 dollars and two 10-100 dpllars costs.
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Appeal from the Circuit Court of Autauga. Tried before Hon. John Moore. This action was commenced by the appellant against the appellee, in a justice’s court, on the 25th October, 1865. The cause of action was a promissory note made by the defendant. The justice rendered judgment against the defendant on 13th November, 1865, for sixty-two 55-100 dollars and two 10-100 dpllars costs. Erom this judgment the defendant appealed to the circuit court, where the trial was had de novo. The defendant demurred to the complaint, and assigned amongst other grounds of demurrer, that the justice of the…
1Opinion of the CourtJudge, J.
It was provided by the original constitution of the State, that the jurisdiction of justices of the peace in civil eases, should not exceed fifty dollars.
Section 9, of article 6, of the present constitution, declares, that the jurisdiction of justices of the peace, in civil cases, “shall be limited to causes in which the amount in controversy shall not exceed one hundred dollars.”
While the provision of the original constitution was of force, the legislature conferred upon these officers, to be exercised within their respective counties, original jurisdiction, as follows:
“ 1. Of all actions…
2Cases cited2 opinions
- Lamar v. Commissioners' Court of Marshall CountySupreme Court of Alabama · 1852
- Crabtree v. CliattSupreme Court of Alabama · 1853
3Cited by9 opinions
- State ex rel. Attorney General v. BuckleySupreme Court of Alabama · 1875
- Alford v. HicksSupreme Court of Alabama · 1904
- Glaze v. BlakeSupreme Court of Alabama · 1876
- Taylor v. WoodsSupreme Court of Alabama · 1875
- Carter v. AlfordSupreme Court of Alabama · 1879
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