Larcher v. Scott
Supreme Court of Alabama
Writ of error to the County Court of Mobile County. Scott sued Larcher before a justice of the peace, and the latter appealed to the County Court. The only papers sent up by the justice, are the warrant and the appeal bond. No statement of the cause is furnished by the justice; but the appeal bond recites the judgment rendered by him. The County Court dismissed the appeal, and awarded a procedendo to the j ustice.
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Writ of error to the County Court of Mobile County. Scott sued Larcher before a justice of the peace, and the latter appealed to the County Court. The only papers sent up by the justice, are the warrant and the appeal bond. No statement of the cause is furnished by the justice; but the appeal bond recites the judgment rendered by him. The County Court dismissed the appeal, and awarded a procedendo to the j ustice. Larcher prosecutes this writ of error, and assigns that the County Court erred in dismissing the appeal.
1Per curiam
— The statute regulating appeals, requires the justice of the peace who decides the cause, to send a statement of it to the appellate Court; but his omission to do so, certainly ought not to prejudice either party. The recital of the judgment, which is contained in the condition of the appeal bond, furnishes sufficient evidence of its existence. [McAlpin v. Paul, Minor, 316.] The County Court should have proceeded to try the cause de novo.
Let the judgment be reversed and remanded.
2Cited by8 opinions
- Union Mut. Ins. Co. v. RobinsonSupreme Court of Alabama · 1927
- Ex Parte FinleySupreme Court of Alabama · 1944
- Hardee v. AbrahamSupreme Court of Alabama · 1901
- Goodrich v. PetersonWyoming Supreme Court · 1903
- Andrews v. BurtonSupreme Court of Alabama · 1909
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