Black v. Ryan
Supreme Court of Alabama
Appeal from. Birmingham City Court. Heard before Hon. John H. Miller. Assumpsit by J. H. Ryan against H. H. Black. Judgment for plaintiff. On denial of motion to set it aside, defendant appeals. Transferred from the Court of Appeals under section 6, p. 466, Acts of 1911. The complaint is on the common counts.
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Appeal from. Birmingham City Court. Heard before Hon. John H. Miller. Assumpsit by J. H. Ryan against H. H. Black. Judgment for plaintiff. On denial of motion to set it aside, defendant appeals. Transferred from the Court of Appeals under section 6, p. 466, Acts of 1911. The complaint is on the common counts. Judgment by default was entered, and the jury assessed the damages at $210. Following this judgment, defendant made a motion to set aside the judgment by default, and reinstate the cause on the docket. The grounds are meritorious defense and the absence of defendant and his counsel by an…
1Opinion of the Court
ANDERSON, C. J.—(1) It is true that the city court has only civil jurisdiction in suits like this one when the amount in controversy .exceeds $50, but the amount in controversy is the amount claimed by the plaintiff. The recovery may be reduced below the amount claimed without affecting the fact that the latter was really the subject of a bona fide claim and controversy. The sum claimed was $175, and the fact that the amount recovered did not exceed $50 did not render the judgment void as for want of jurisdiction to render same. — Haws v. Morgan, 59 Ala. 508; Sharpe v. Barney, 114 Ala. 361,…
2Cases cited6 opinions
- Sharpe & Son v. BarneySupreme Court of Alabama · 1896
- Smith v. AllenSupreme Court of Alabama · 1904
- Camp v. Marion CountySupreme Court of Alabama · 1890
- Haws v. MorganSupreme Court of Alabama · 1877
- First National Bank v. PinsonSupreme Court of Alabama · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Matlock v. JohnsonAlabama Court of Appeals · 1921
- T. L. Farrow Mercantile Co. v. JeffersAlabama Court of Appeals · 1918