Heyman v. McBurney
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. The record does not show the name of the presiding judge. This action was brought by T. F. McBurney, against Isaac Heyman, A. H. Chilton, P. W. Lanier,-Neri Tucker, and J. C. Meadors, and was commenced before a justice of the peace, on the 19th July, 1876. The justice rendered judgment for the defendants, and the plaintiff removed the cause, by appeal, into the Circuit Court. ‘The record does not show that any complaint was there filed,…
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Appeal from the Circuit Court of Lee. The record does not show the name of the presiding judge. This action was brought by T. F. McBurney, against Isaac Heyman, A. H. Chilton, P. W. Lanier,-Neri Tucker, and J. C. Meadors, and was commenced before a justice of the peace, on the 19th July, 1876. The justice rendered judgment for the defendants, and the plaintiff removed the cause, by appeal, into the Circuit Court. ‘The record does not show that any complaint was there filed, or statement of the cause of action. At the May term, 1878, the death of A. H. Chilton was suggested, and the cause was…
1Opinion of the CourtSomeryille, J.
This suit was commenced before a justice of the peace, and was removed by appeal to the Circuit Court. The record shows that the appellants, who were defendants in the court below, appeared by attorney on the trial of the cause, and failing to plead, or make defense, a judgment nil dicit was rendered against them, and damages assessed by a jury. No declaration or complaint was filed, or statement of the cause of action, so far as disclosed by the record. It is assigned for error, that this judgment was rendered without the previous filing of a statement of the cause of action.
Had there been…
2Cases cited6 opinions
- Thompson v. LeaSupreme Court of Alabama · 1856
- Walker v. JonesSupreme Court of Alabama · 1853
- Wheeler v. BullardSupreme Court of Alabama · 1838
- Bancroft v. StantonSupreme Court of Alabama · 1845
- Arundale v. MooreSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Simmons v. Titche Bros.Supreme Court of Alabama · 1893
- Haygood v. TaitSupreme Court of Alabama · 1899
- Richmond & Danville Railroad v. JonesSupreme Court of Alabama · 1893
- Zavello v. Goldstein & Co.Alabama Court of Appeals · 1911
- Contorno v. Ensley Lumber Co.Supreme Court of Alabama · 1924