Western Union Telegraph Co. v. Meyer
Supreme Court of Alabama
Appeal from City Court of Selma. Tried before Hon. JON. IÍAEALSON. The appellee, Meyer, commenced this action against the appellant, the Western Union Telegraph Company, before a justice of the peace, who rendered judgment in favor of the plaintiff. The defendant appealed to the City Court. The plaintiff filed a complaint in that court containing three counts, which was afterwards amended.
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Appeal from City Court of Selma. Tried before Hon. JON. IÍAEALSON. The appellee, Meyer, commenced this action against the appellant, the Western Union Telegraph Company, before a justice of the peace, who rendered judgment in favor of the plaintiff. The defendant appealed to the City Court. The plaintiff filed a complaint in that court containing three counts, which was afterwards amended. The third count only need be noticed, and that was as follows : “ Plaintiff claims of defendant, a body corporate, the sum of fifty dollars, for that on the 2d day of October, 1875, the defendant being…
1Opinion of the CourtManning, J.
The judge of the City Court is authorized to decide causes upon the evidence as well as the law, unless a trial by jury be demanded by one or the other of the parties. This cause was tried by the judge alone ; and a bill of exceptions in the record sets forth for our consideration all the evidence that was submitted to him.
“All actions before justices, founded on any contract, express or implied, must be brought in the name of the party really interested therein whether he have the legal title or, not. — Code of 1876, § 3603 (3204).
“ The declaration or statement in a case of appeal from a…
2Cases cited2 opinions
- Spann v. BoydSupreme Court of Alabama · 1830
- Hanks v. HinsonSupreme Court of Alabama · 1837
3Cited by11 opinions
- Western Union Telegraph Co. v. SchriverCourt of Appeals for the Eighth Circuit · 1905
- Bank of Havelock v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1905
- Metzger v. Franklin BankIndiana Supreme Court · 1889
- Wise v. MillerSupreme Court of Alabama · 1927
- John Breuner Co. v. Western Union Telegraph Co.California Court of Appeal · 1930
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