Baird v. Nichols
Supreme Court of Alabama
Baird commenced proceedings, by warrant, before a Justice of the Peace in Tuskaloosa county, to recover the balance, of an open aocount, alleged to be due by the defendant, Nichols. The magistrate, on the trial, rendered judgment in favor of the plaintiff, for seventeen dollars and twenty two cents, with which he being dissatisfied, removed the case by cer-tiorari, into the Circuit Court.
Read the full summary
Baird commenced proceedings, by warrant, before a Justice of the Peace in Tuskaloosa county, to recover the balance, of an open aocount, alleged to be due by the defendant, Nichols. The magistrate, on the trial, rendered judgment in favor of the plaintiff, for seventeen dollars and twenty two cents, with which he being dissatisfied, removed the case by cer-tiorari, into the Circuit Court. It appeared that the account, had, originally been for the supi of one hundred and/,sixty six dollars and sixteen cents, but was reduced by credits, (all admitted by the defendant) to the sum of forty nine…
1Opinion of the Court
By Mr. Justice Thornon :
This was a trial in the Circuit Court of Tuska-loosa county, of a case brought before it by certiorari, from a Justice of the Peace. The statement of the plaintiff was, that the defendant owed him fifty dollars, for work and labor done, &c. at his, the defendant’s special instance and request; and upon non-assumpsit plead, an issue was joined. A bill of exceptions was signed at the trial, on which error is assigned in this Court. Upon an examination of the bill of exceptions, it is apparent to my mind, that the only question which could have arisen, was, whether the…
2Cited by2 opinions
- Herrin v. BuckelewSupreme Court of Alabama · 1861
- Moffatt v. CassimusAlabama Court of Appeals · 1939