Smith v. Summers

•SOMERVILLE, J.

Under section 8777 of the Code, providing that “any party may appeal from any judgment rendered against him before a justice of the peace to. the circuit court,” any one of several joint defendants may individually appeal, and the cause be removed and retried as to him alone. Phillips v. Holmes, 165 Ala. 250, 253, 51 So. 625. Hence the circuit court acquired jurisdiction of the attachment suit on Mrs. Summers’ appeal and rendered a valid judgment in her favor, to the complete nullification of the adverse judgment in the justice’s court.

Plaintiff was properly allowed to amend…