Carter v. Alford
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by J. E. Alford, against Robert Carter and his wife, to recover seven head of cattle, particularly described, with damages for their detention ; and was commenced in a justice’s court, on the 12th day of August, 1878. In the complaint filed in the justice’s court, the value of the property was alleged to be $15. The defendants appeared, and filed a plea in abatement to the…
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by J. E. Alford, against Robert Carter and his wife, to recover seven head of cattle, particularly described, with damages for their detention ; and was commenced in a justice’s court, on the 12th day of August, 1878. In the complaint filed in the justice’s court, the value of the property was alleged to be $15. The defendants appeared, and filed a plea in abatement to the jurisdiction of the justice, alleging that the value was more than $50 : “to which the plaintiff replied,” as the…
1Opinion of the CourtStone, J.
The constitution of 1868, art. 6, section 13, ordains that justices of the peace “ shall have jurisdiction, in all civil cases, wherein the amount in controversy does not exceed one hundred dollars. In all cases tried before such justices, the right of appeal shall be secured by law.” In Taylor v. Woods, 52 Ala. 474, this court, after a very careful consideration of our several constitutions and their construction, came to the conclusion, that the clause copied above is not self-executing — that it does not, by its unaided force, confer on justices of the peace jurisdiction in all civil…
2Cases cited6 opinions
- Malone v. KelleySupreme Court of Alabama · 1875
- Jacobs v. StateSupreme Court of Alabama · 1878
- Taylor v. WoodsSupreme Court of Alabama · 1875
- Thomas v. BibbSupreme Court of Alabama · 1870
- Pearce v. PopeSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Alford v. HicksSupreme Court of Alabama · 1904
- Alabama Great Southern R. R. v. ChristianSupreme Court of Alabama · 1886
- Burns v. HenrySupreme Court of Alabama · 1880
- Brown v. Alabama Great Southern RailroadSupreme Court of Alabama · 1888
- Garrett v. DavisSupreme Court of Alabama · 1927
2 more not listed; retrieve them via the Exa API.