Van Eppes v. Smith
Supreme Court of Alabama
Eeroe to tbe City Court of Mobile. Tried before the Hon. Alex. McKinstry. Smith sued Yan Eppes and one Stall by warrant before a justice of the peace, on an account for work and labor done, to the value of $23. The warrant was executed on both defendants, the case was tried, and judgment rendered for the defendants.
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Eeroe to tbe City Court of Mobile. Tried before the Hon. Alex. McKinstry. Smith sued Yan Eppes and one Stall by warrant before a justice of the peace, on an account for work and labor done, to the value of $23. The warrant was executed on both defendants, the case was tried, and judgment rendered for the defendants. Smith brought the case to the City Court of Mobile, and there filed his statement against Yan Eppes alone, and it does not appear that his co-defendant, Stall, was, at any time, treated by the pleadings, on the trial, or in the judgment, as a party to the suit in the City Court.…
1Opinion of the CourtLigon, J.
— The motion to dismiss the writ of certiorari, because the reasons set forth in the petition for it were not sufficient to authorize its issue, was correctly overruled by the court below. The statute which allows appeals and writs of certiorari to judgments rendered by justices of the peace, declares, that when such cases reach the appellate court, they shall be tried de novo on their merits, upon issues made up under the direction of the court, thus indirectly forbidding their dismissal for any irregularities in the manner of bringing them before that court.
On the trial, it appears by the…
2Cases cited1 opinion
- Gullett v. LewisSupreme Court of Alabama · 1830
3Cited by7 opinions
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Guscott v. Roden & Co.Supreme Court of Alabama · 1896
- Walker v. KilbornCourt of Civil Appeals of Alabama · 1971
- Washington v. ParkerSupreme Court of Alabama · 1877
- Lyon & Co. v. Kent, Payne & Co.Supreme Court of Alabama · 1871
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