Hall v. Chenault
Supreme Court of Alabama
Writ of Error to the Circuit Court of St. Clair. Before the Hon. G. D. Shortridge. This was an appeal from a justice of the peace to the circuit court; and the amount being under $20, was tried by the court, without a jury.
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Writ of Error to the Circuit Court of St. Clair. Before the Hon. G. D. Shortridge. This was an appeal from a justice of the peace to the circuit court; and the amount being under $20, was tried by the court, without a jury. A bill of exceptions was taken to the judgment of the court, which brings to view the evidence, and on which the circuit court rendered judgment in favor of the defendant in error for $10. The evidence was, the defendant in error, supposing that the plaintiff was the purchaser of his land at sheriff sale, tendered him the money, say $30, and counted it out, with the view…
1Opinion of the CourtDargan, J.
It is very clear, that the circuit court erred in rendering judgment for the plaintiff below. In the trial of appeals, under $20, there are no pleadings made up, and all the evidence offered, is to be considered as offered under a proper state of pleadings; and if sufficient, under any state of correct pleadings, to defeat the plaintiff’s action, the court should not render judgment for the plaintiff. The residue due on the note from Johnson and the defendant in error to the plaintiff, was clearly a good off-set. It was given, it is true, to the plaintiff in error, as the administrator of…
2Cited by5 opinions
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