Duffin v. Summerville
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Amanda Summerville against- P. J. Puffin and others on a bond. Judgment for plaintiff, and defendants appeal.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Amanda Summerville against- P. J. Puffin and others on a bond. Judgment for plaintiff, and defendants appeal. The following is count 6: “Plaintiff claims of defendant the sum of $1,000 damages, with interest thereon, for that on, to wit, the 16th day of November, 1908, P. J. Duffin, as principal, and R. R. Board and P. R. Parsons entered into a bond conditioned and substanced as follows: That said P. J. Duffin, a justice of the peace, was faithfully to discharge the duties of such office during the time he continued…
1Opinion of the Court
THOMAS, J. —
Justices of the peace, in their official character as such, exercise two-fold functions, those *578which are judicial, and. those which are ministerial. Such acts of theirs as are usually performed by a judge of a court of record — that is, such as permit the exercise of legal discretion, or require the decision of questions of law — are judicial; while those of a clerical nature— that is, of a character similar to the official acts of a clerk of a court of record, such as issuing process, etc.— are ministerial. In other words, justices of the peace are both the judges and clerks, in…
2Cases cited11 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Coleman v. RobertsSupreme Court of Alabama · 1896
- Kelly v. MooreSupreme Court of Alabama · 1874
- Scott v. RyanSupreme Court of Alabama · 1896
- Mason v. CrabtreeSupreme Court of Alabama · 1882
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3Cited by6 opinions
- Farish v. SmootSupreme Court of Florida · 1952
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- American Bonding Co. v. New York & Mexican Whiting Co.Alabama Court of Appeals · 1914
- State Ex Rel. Little v. United States Fidelity & Guar. Co.Mississippi Supreme Court · 1953
- McKinley v. SimmonsSupreme Court of Alabama · 1963
1 more not listed; retrieve them via the Exa API.