First Avenue Coal & Lumber Co. v. Hite
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hou. E. C. Crowe. Assumpsit by the First Avenue Coal & Lumber Company against W. J. Hite, begun in the Birmingham Court of Common Pleas, and taken by appeal by plaintiff to the Circuit Court, where the cause was dismissed because it appeared that the appeal was by the party in whose favor judgment was rendered.
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Appeal from Jefferson Circuit Court. Heard before Hou. E. C. Crowe. Assumpsit by the First Avenue Coal & Lumber Company against W. J. Hite, begun in the Birmingham Court of Common Pleas, and taken by appeal by plaintiff to the Circuit Court, where the cause was dismissed because it appeared that the appeal was by the party in whose favor judgment was rendered. The court gave a too narrow construction to the word “against” in section 4713, Code 1907, in view of the provisions of section 168, Constitution 1901, and therefore erred in dismissing plaintiff’s appeal. Attention is also called in…
1Opinion of the Court
PELHAM, J. —
The appellant filed suit against the appellee in the Birmingham court of common pleas, an inferior court having the same jurisdiction as the courts of justices of the peace, for $68.40, and recovered a judgment for $21.80. The record does not disclose whether the plaintiff’s demand was reduced by set-off or recoupment successfully pleaded, or how the full amount of the plaintiff’s claim was defeated, but that it ay as successfully defended against to this extent is shown by the amount of recovery being less than the amount claimed, and that the plaintiff supposed itself aggrieved…
2Cases cited3 opinions
- National Union v. SherrySupreme Court of Alabama · 1913
- Francis-Chenoweth Hardware Co. v. BaileySupreme Court of Alabama · 1894
- Grantham v. PayneSupreme Court of Alabama · 1884