Dill v. Phillips
Supreme Court of Alabama
Writ of Error to the County Court of St. Clair. This was a proceeding instituted before a justice of the peace, on a note for thirty-five dollars, of which the defendant was the maker, and the plaintiff the payee.
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Writ of Error to the County Court of St. Clair. This was a proceeding instituted before a justice of the peace, on a note for thirty-five dollars, of which the defendant was the maker, and the plaintiff the payee. Judgment was rendered against the defendant for the amount of the note, with interest and costs, and he appealed to the county court, where a verdict was returned for the plaintiff for $20 35. This sum being in court, and tendered to the plaintiff, was ordered to be paid over to him. The judgment entry also recites, that the amount found due by the verdict was tendered by the…
1Opinion of the CourtCollier, C. J.
It is enacted by a statute of this State, that whenever the defendant shall appeal from the judgment of a justice of the peace, and the .appellate court shall render judgment in favor of the plaintiff, for a less sum than that recovered before such justice, it may enter judgment for the costs of the appeal, either against the plaintiff" or defendant, according to the justice of the case ; but where the plaintiff, or successful party, shall appeal, and shall not recover more than was adjudged by the justice, in that case he shall pay all costs. Clay’s Dig. 315, § 16. This enactment is…
2Cases cited2 opinions
- Wood v. WoodSupreme Court of Alabama · 1842
- Beason v. RiddleSupreme Court of Alabama · 1847
3Cited by1 opinion
- Hornsby v. CrosslandSupreme Court of Alabama · 1853