South & North Alabama Railroad v. Small
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. Leroy F. Box. This action was brought to recover damages for a sow and three pigs, alleged to have been killed by the defendant’s trains through the negligence of its servants; and was commenced before a justice of the peace. The complaint filed in the justice’s court, or statement of the' cause of action, was in the name of Jas. M. Small, and was-signed J. M. Small.
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Appeal from the Circuit Court of Cullman. Tried before the Hon. Leroy F. Box. This action was brought to recover damages for a sow and three pigs, alleged to have been killed by the defendant’s trains through the negligence of its servants; and was commenced before a justice of the peace. The complaint filed in the justice’s court, or statement of the' cause of action, was in the name of Jas. M. Small, and was-signed J. M. Small. Judgment by default was rendered by the justice, for the amount claimed, with costs; and the case was removed by the defendant, by appeal, into the Circuit Court,…
1Opinion of the Court
BRICKELL, C. J.-
It is certainly true, that on appeal or oertiorevri from the judgment of a justice of the peace, in the appellate court, there can not be an entire change of parties. They must remain as they were in the inferior court, unless there he a necessity for a revivor, or a casé is made in which, under the statute of amendments, parties may be stricken out, or added.—1 Brick. Dig. 113, § 68. If the proceedings before the justice are, without objection, conducted in the name of a party suing, or being sued, by the initials, or by an abbreviation of the Christian name, or by the wrong…
2Cases cited1 opinion
- Couch v. AtkinsonSupreme Court of Alabama · 1858
3Cited by8 opinions
- Springer v. SullivanSupreme Court of Alabama · 1928
- Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
- Louisville N. R. Co. v. HaywardSupreme Court of Alabama · 1917
- Beggs & Son v. WellmanSupreme Court of Alabama · 1886
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