Kimball v. Penney
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. W. W. Callahan, Special Judge. This was an action brought by the appellee against the appellant, and counted upon a promissory note. The cause was originally commenced in a court of a justice of the peace. Upon the recovery of judgment therein by the plaintiff, the case was removed to the city court by certiorari, and from there was transferred to the circuit court.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. W. W. Callahan, Special Judge. This was an action brought by the appellee against the appellant, and counted upon a promissory note. The cause was originally commenced in a court of a justice of the peace. Upon the recovery of judgment therein by the plaintiff, the case was removed to the city court by certiorari, and from there was transferred to the circuit court. The facts in reference to such transfer are stated in the opinion. The substance of the pleas interposed by the defendant in the circuit court and of the replications…
1Opinion of the CourtColeman, J.
The suit began before a justice of the peace upon a promissory note, in which court the plaintiff recovered judgment. The defendant removed the cause to the city court of Decatur, by statutory certiorari issued by the judge of probate. Judgment nil dicit was rendered for plaintiff in the city court. By act of the legislature the city court of Decatur was abolished, and the causes and proceedings in that court were transferred to the circuit court of Morgan county. In the circuit court a motion was made by the defendant for a new trial. This motion was heard and adjudicated by *248O. Kyle, as…
2Cited by5 opinions
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