Hart v. Turk
Supreme Court of Alabama
Error to the County Court of Conecuh. The action in this case, was commenced in a justice’s court, by plaintiff, against defendant in error. The warrant of the justice requires the defendant to answer to a demand for $99 27. At the trial, a judgment was rendered by the justice, in favor of the plaintiff, for $36 45, from which the defendant appealed to the county court.
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Error to the County Court of Conecuh. The action in this case, was commenced in a justice’s court, by plaintiff, against defendant in error. The warrant of the justice requires the defendant to answer to a demand for $99 27. At the trial, a judgment was rendered by the justice, in favor of the plaintiff, for $36 45, from which the defendant appealed to the county court. In the county court, the plaintiff filed his declaration, laying his damages at the sum of $100. The defendant pleaded — “ 1., That the justice’s summons shows that more than $50 were sued for, to wit, $99 27.” 2. “ That the…
1Opinion of the CourtCollier, C. J.
The act of 1819, declares, that in case's of appeals from judgments of justices of the peace, the court before which such appeals shall be brought, shall proceed to try the same, according to the justice and equity of the case, without regarding any defect in the warrant, capias, summons, or other proceeding of the justice of the peace, before whom the case was tried. We have always considered this a very beneficial enactment, and instead of restricting its terms, have given to them a just and liberal interpretation. Perry v. Brown, Minor’s Rep. 57; Gayle v. Turner, ib. 204; Spann v. Boyd, 2…
2Cases cited12 opinions
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- Bentley v. WrightSupreme Court of Alabama · 1842
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- Spann v. BoydSupreme Court of Alabama · 1830
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