Hanks v. Hinson
Supreme Court of Alabama
In error to the Circuit Court of Wilcox county. This case was originally commenced before a justice of the peace, and removed into the Circuit Court by appeal. The action was commenced in the name of A. C. Hinson & Co. to recover of Hanks,the amount of an open account, alleged to be for rent, and before the justice, a judgmeut was recovered by the plaintiffs for thirty-eight dollars, and costs of suit.
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In error to the Circuit Court of Wilcox county. This case was originally commenced before a justice of the peace, and removed into the Circuit Court by appeal. The action was commenced in the name of A. C. Hinson & Co. to recover of Hanks,the amount of an open account, alleged to be for rent, and before the justice, a judgmeut was recovered by the plaintiffs for thirty-eight dollars, and costs of suit. On the appeal to the Circuit Court, a statement was filed in the name of Atlas C. Hinson and Duncan A. W. Patterson, alleging an indebtedness for the use and occupation of' a house. The…
1Opinion of the CourtGolthwaite, J.
— The assignment of errors, brings before the Court, the inquiry as to the sufficiency of the declaration or statement of the cause of action, in a case, commenced before á justice of the peace, and tried, on appeal, before the Circuit Court of Wilcox county.
*512It is said, and so is that the fact, that no venue is laid in the declaration; but that is perhaps, wholly unnecessary in summary proceedings of this character, in which the pleadings are supposed to be framed under the direction of the Court trying the cause.
It is also said that no sufficient consideration is set forth,to support the…
2Cases cited1 opinion
- Ellis v. BibbSupreme Court of Alabama · 1829
3Cited by3 opinions
- Western Union Telegraph Co. v. MeyerSupreme Court of Alabama · 1878
- Cook v. CookSupreme Court of Alabama · 1856
- Russell v. RussellSupreme Court of Alabama · 1878