Legal Opinion

South & North Alabama Railroad v. Small

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 8 opinions

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

  1. Couch v. AtkinsonSupreme Court of Alabama · 1858

3Cited by8 opinions

  1. Springer v. SullivanSupreme Court of Alabama · 1928
  2. Louisville & Nashville R. R. v. OdenSupreme Court of Alabama · 1885
  3. Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
  4. Louisville N. R. Co. v. HaywardSupreme Court of Alabama · 1917
  5. Beggs & Son v. WellmanSupreme Court of Alabama · 1886

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