Baker v. Keith
Supreme Court of Alabama
Special Action on the Case by Landlord, against Purchaser of Tenants Crop with notice of Lien. Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. This action was brought by Joseph H. Keith, against William Baker, and was commenced before a justice of the peace.
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Special Action on the Case by Landlord, against Purchaser of Tenants Crop with notice of Lien. Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. This action was brought by Joseph H. Keith, against William Baker, and was commenced before a justice of the peace. By the statement of the cause of action filed in the justice’s court, the plaintiff claimed $25 as damages for the defendant’s alleged conversion of fifty bushels of corn, part of the crop raised by one Culpepper, on which plaintiff claimed a lien for rent. The justice rendered judgment against the…
1Opinion of the CourtOlopton, J.
The record does not show any minute-entry of the judgment of the Circuit Court on the demurrer to the amended complaint. It appears only from the bill of exceptions. In such case, this court will not pass on the demurrer, nor consider the assignment of overruling it. — Carter v. Wilson, 61 Ala. 434; Petty v. Dill, 53 Ala. 641.
Section 3124 of Code 1876 makes special provision for the disposition of the costs, on appeals to the Circuit Court from the judgments of justices of the peace. It provides: “ If the defendant appeals, or obtains a writ of certiorari, and the judgment of the Circuit…
2Cases cited2 opinions
- Petty v. DillSupreme Court of Alabama · 1875
- Carter v. WilsonSupreme Court of Alabama · 1878