Catterlin v. Spinks
Supreme Court of Alabama
Error to the Circuit Court of Choctaw. Tried before the Hon. John Bragg. 1 This was an action of debt to recover rent of land, and was commenced by the defendant against the plaintiff in error, in a justice’s court, and thence carried by appeal to the Circuit Court. The facts are sufficiently set out by the court in its opinion for a full understanding of the points decided.
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Error to the Circuit Court of Choctaw. Tried before the Hon. John Bragg. 1 This was an action of debt to recover rent of land, and was commenced by the defendant against the plaintiff in error, in a justice’s court, and thence carried by appeal to the Circuit Court. The facts are sufficiently set out by the court in its opinion for a full understanding of the points decided. The amount in controversy being less than twenty dollars, the case was submitted to the court below without a jury, and a judgment was rendered against the defendant, from which judgment he has now sued out this writ of…
1Opinion of the CourtChilton, J.
The act of 1841 authorises a justice of the peace to take jurisdiction of ail cases of damages, whether the same arose from matter of contract, or any kind of tort or ■wrong done whatever, (except actions of slander,) where the damages claimed by the plaintiff do not exceed twenty dollars. Clay’s Dig. 358, § 3. And by the act of 1819, it is provided, that in all cases of appeal from judgments of justices of the, peace, the court before which such appeal shall be brought shall proceed to try the same de novo, and give judgment according to the justice and equity of the ease, without regarding…
2Cases cited4 opinions
- Foster v. GoreeSupreme Court of Alabama · 1843
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- Davidson v. ErnestSupreme Court of Alabama · 1845
- Gary v. ColginSupreme Court of Alabama · 1847
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