Smith v. Allen
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before the I-Ion. GK K. Miller. The facts in this case are sufficiently stated in the opinion.
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Appeal from the City Court of Talladega. Tried before the I-Ion. GK K. Miller. The facts in this case are sufficiently stated in the opinion. Section 3335 of the Code of Alabama provides that if a suit be brought for the jurisdictional amount, or above, and a less sum he recovered, unless the amount is reduced below that of which the Court has jurisdiction by a set-off successfully made by the defendant, the judgment must be set aside and the suit dismissed, unless the defendant, or someone for him, make affidavit, which must be filed in the cause, that the amount sued for is actually due,…
1Opinion of the CourtMcCLELLAN, C. J.
This is an action of assumpsit, instituted by Mrs Allen against M. L. Smith, et al.,'in the city court of Talladega for one hundred dollars. There was verdict and judgment for the plaintiff in the sum of thirteen and 50-100 dollars. Motion was made by defendants to set aside this judgment and dismiss the suit on the ground that the recovery was for a less amount than that of which the court had jurisdiction, under the provisions of section 3315 of the Code. The motion should have been granted; The action was “on a moneyed demand.” The recovery wa.s below the minimum amount- of the court’s…
2Cited by6 opinions
- Black v. RyanSupreme Court of Alabama · 1915
- L. & N. R. R. v. McKenzieAlabama Court of Appeals · 1912
- O'Reilly v. MastersonAlabama Court of Appeals · 1912
- Woodward Iron Co. v. KellerSupreme Court of Alabama · 1917
- Manning v. GilesSupreme Court of Alabama · 1916
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