Spann v. Boyd
Supreme Court of Alabama
Spann recovered a judgment before a justice oí the peace of Marengo county, against Boyd. Boyd, by certiorari,, removed the cause into the Circuit Court, and there, the plaintiff filed his statement of the cause of action, or declaration, in two counts.
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Spann recovered a judgment before a justice oí the peace of Marengo county, against Boyd. Boyd, by certiorari,, removed the cause into the Circuit Court, and there, the plaintiff filed his statement of the cause of action, or declaration, in two counts. The first count alleged, that in consideration that the plaintiff had delivered to the defendant certain goods and chattels, of the value of $49, to be taken care of by the defendant for the plaintiff, the defendant undertook to take care of the goods for the plaintiff, and to deliver them to him whenever thereunto requested, &e.; that the…
1Opinion of the Court
By JUDGE PERRY.
The practice has never required formal declarations in cases originating before justices of the peace; a mere statement of the grounds of action has always been held sufficient, under the statute regulating the manner of making issues'in the County and Circuit Courts, preparatory to the trial of cases of appeal, and certiorari. Technical niceties have been avoided, and held unnecessary. The omission to state the term of the Court in the title of the declaration, was no cause of general demurrer. It is however contended in support of the demurrer, that there is a misjoinder of…
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