Burns v. Henry
Supreme Court of Alabama
Trover before Justice of Peace ; Plea, want of Jurisdiction. Appeal from the Circuit Court of Etowah. Tried before Hon. W. L. Whitlock. The facts are stated in the opinion of the court. — The motion to dismiss, for want of jurisdiction in the justice’s court, was properly overruled. — Const. Ala.
Read the full summary
Trover before Justice of Peace ; Plea, want of Jurisdiction. Appeal from the Circuit Court of Etowah. Tried before Hon. W. L. Whitlock. The facts are stated in the opinion of the court. — The motion to dismiss, for want of jurisdiction in the justice’s court, was properly overruled. — Const. Ala. Art. YÍ, § 26. Even if the amount claimed was beyond the jurisdiction of the justice, the defendant waived any objection on that ground, by failing to file a plea to the jurisdiction, and taking the case to the Circuit Court. Appeals from such courts are, in the Circuit Courts, tried de novo, without…
1Opinion of the CourtSomeryille, J.
— This is an action of trover, claiming the sum of one hundred' dollars damages for the conversion by the appellant, Burns, of four bales of cotton and one horse; the property of the appellee, Henry. It was originally commenced in November,. 1876, before a justice of the peace, where a motion was made by the defendant to dismiss the case for want of jurisdiction, which was refused to be entertained by the justice, who, thereupon, proceeded to trial, and rendered judgment against the defendant for the sum of $68.83, and costs of suit. On appeal to the Circuit Court, the motion to dismiss, for…
2Cases cited5 opinions
- Crabtree v. CliattSupreme Court of Alabama · 1853
- Wildman v. RiderSupreme Court of Connecticut · 1854
- Vaughan v. RobinsonSupreme Court of Alabama · 1852
- Stoughton v. MottSupreme Court of Vermont · 1841
- Carter v. AlfordSupreme Court of Alabama · 1879
3Cited by11 opinions
- State v. PollockSupreme Court of Alabama · 1948
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- Louisville & Nashville Railroad v. BarkerSupreme Court of Alabama · 1892
- Edmunds v. State, ex rel. DedgeSupreme Court of Alabama · 1917
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
6 more not listed; retrieve them via the Exa API.