Parmer v. Ballard
Supreme Court of Alabama
Parmer made his promissory note for forty dollars, payable to one Cook or bearer, who passed it to Ballard, and afterwards absconded. Several attachments were sued from a justice of the peace, against Cook, by one of his creditors, and Parmer was garni.-heed, and judgment was rendered against him for the amount due on said note, which he satisfied, having no notice of its assignment.
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Parmer made his promissory note for forty dollars, payable to one Cook or bearer, who passed it to Ballard, and afterwards absconded. Several attachments were sued from a justice of the peace, against Cook, by one of his creditors, and Parmer was garni.-heed, and judgment was rendered against him for the amount due on said note, which he satisfied, having no notice of its assignment. Ballard afterwards as holder, sued Parmer on the note before a justice of the peace, and suffered a nonsuit, from which he appealed to the Circuit Court of Monntgornery county. To the declaration there filed,…
1Opinion of the Court
By JUDGE TAYLOR.
In support of the judgment below, it is urged that justices of the peace are officers of limited jurisdiction; that whenever a particular manner is prescribed, by which that jurisdiction is to be exercised, they are bound to pursue it; and that by a material departure therefrom, the case is coram non judice, and void. That the statute requires the affidavit shall set out particular facts, to authorize a justice to issue an attachment; that such affidavit alone can be a sufficient foundation for this writ: that in this case, a fact is stated in the affidavit, which even if it…
2Cited by3 opinions
- Schoppenhast v. BollmanIndiana Supreme Court · 1863
- Lyon v. OdomSupreme Court of Alabama · 1857
- Middlebrook v. AmesSupreme Court of Alabama · 1833