Crownover v. Srygley
Supreme Court of Alabama
ERROR to the County County of Lawrence. To authorize a judgment of non pros, it should appear, that '■■notice of the appeal has been served on the appellee as the ■statute directs, (Olay’-s Dig. 315, § 17.) — -Wyatt vs. Avery, 1-1 -Ala. 58G. In this case no notice vras given.
1Opinion of the Court
PARSONS J.
Crownover recovered a judgment against Sryglcy, before a justice of the peace in Lawrence county, the latter removed the cause by certiorari to the county Court, at its January term, 1818, which was the first term after the cer-tiorari was granted,'and a judgment of nonpros, was entered against Crownover at that term, who had no notice of the cer-tiorari, or of any of the proceedings thereon, so far as the record shows, nor was there any attempt to give him notice. We are not satisfied that the statute which secures to the appellee in a judgment rendered by a justice of the peace, a…
2Cases cited1 opinion
- Childs v. CrawfordSupreme Court of Alabama · 1845
3Cited by1 opinion
- Kane v. GammellSupreme Court of Alabama · 1874