Stein v. Feltheimer
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. Thomas A. Walkeb,. This action was brought against Albert Stein, tbe lessee of tbe city water-works of Mobile, to recover $10 damages for unlawfully closing and stopping tbe plaintiff’s hydrant; was commenced in a justice’s court, and removed by tbe defendant to tbe circuit court. Tbe judgmert of tbe circuit court is now assigned as error.
1Opinion of the CourtBice, C. J.
— On an appeal to tbe circuit court, from tbe judgment of a justice of tbe peace, when tbe sum claimed does not exceed twenty dollars, tbe cause must be tried by tbe court without tbe intervention of a j ury. It is not necessary to file any complaint or any plea. Code, §§ 2368, 2369. No complaint or plea was filed in this case; but tbe parties submitted tbe cause to the court, and adduced such evidence as they respectively thought proper to adduce ; and, after bearing all tbe evidence, tbe court gave judgment for tbe plaintiff, for ten dollars and costs. ’Whether tbe court erred in its…
2Cases cited2 opinions
- Shaw v. BeersSupreme Court of Alabama · 1854
- Barnes v. MobleySupreme Court of Alabama · 1852
3Cited by3 opinions
- Baker v. PattersonSupreme Court of Alabama · 1911
- Beard v. DuBoseSupreme Court of Alabama · 1912
- Southern Mutual Ins. v. Holcombe's AdministratorSupreme Court of Alabama · 1859