Vann & Waugh v. Adams, Thorne & Co.
Supreme Court of Alabama
Appeal from. Marengo Circuit Court. Tried before Hon. Harry T. ToulhiN. This was an attachment issued on 22d January, 1881, by J. B. Pegues, styling himself a notary public and ex officio justice of the peace, at the suit of Adams, Thorne & Co. against Yann & Waugh, and returnable to said Circuit Court.
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Appeal from. Marengo Circuit Court. Tried before Hon. Harry T. ToulhiN. This was an attachment issued on 22d January, 1881, by J. B. Pegues, styling himself a notary public and ex officio justice of the peace, at the suit of Adams, Thorne & Co. against Yann & Waugh, and returnable to said Circuit Court. The defendants pleaded in abatement, inter alia, in substance, that the said Pegues, at the time said writ was issued, was a notary public ■appointed by the Governor, with the jurisdiction of a justice of the peace, in a designated precinct in said county; ana that he had no authority to issue…
1Opinion of the CourtBrickell, C. J.
The constitution authorizes the Governor to “ appoint one notary public for each election precinct in counties, and one for each ward in cities of over five thousand inhabitants, who, in addition to the powers of notary, shall have and exercise the same jurisdiction as justices of the peace, within the precincts and wards for which they are re- ' .spectively appointed,” etc. The same section of the constitution, in a preceding sentence, declares: “Justices shall have jurisdiction in all civil cases, wherein the amount in controversy *477does not exceed one hundred dollars, except, in cases of…
2Cases cited3 opinions
- Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
- Carroll v. StateSupreme Court of Alabama · 1877
- Stevenson v. O'HaraSupreme Court of Alabama · 1855
3Cited by8 opinions
- Jackson v. BainSupreme Court of Alabama · 1883
- Nordlinger v. GordonSupreme Court of Alabama · 1882
- Red v. StateSupreme Court of Alabama · 1910
- Higdon v. StuckeySupreme Court of Alabama · 1910
- Moog v. Doe, ex dem. McDermottSupreme Court of Alabama · 1906
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