Hancock v. Holmes
Supreme Court of Alabama
Error to Talladega Circuit Court. THIS was an action commenced before a justice of the peace, in which the plaintiff in error obtained a judgment for ten dollars. The defendant prosecuted an appeal to the County Court of Talladega.
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Error to Talladega Circuit Court. THIS was an action commenced before a justice of the peace, in which the plaintiff in error obtained a judgment for ten dollars. The defendant prosecuted an appeal to the County Court of Talladega. The proceedings before the justice of the peace, and his certificate, are as follows: JAMES Hancock ^ f Judgment for the plaintiff by default | of the defendant, for the amount of > MOTION.plaintiff’s demand and coste. | Debt, ; : : i Costs, : : : : . V. William Holmes. $10 00 93 3.4 I, John H. Townsend, a justice of the peace for said county, do hereby certify the…
1Opinion of the CourtOrmond, J.
The judgment of the Circuit Court in tills case, cannot be sustained. The statute regulating appeals from the judgments of justices of the peace, provides that ‘mo appeal shall be tried unless it appear to the court that the ap-pellee, his agent or attorney, shall have had live days notice of such appeal previous to the term at which the same shall be tried, or unless the return of non est inventus, be made by the constable on the notice issued by the justice, and for want of such notice or return, the cause shall stand for trial at the ensuing term.” As there was no evidence that the…
2Cited by1 opinion
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