East Tenn., Va. & Ga. Railroad v. Hughes
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This was an application by the appellant, “ a corporation created by the laws of Tennessee,” for a mandamus to D. L. Woolf, a justice of the peace for said county, and B. F. Hughes, plaintiff in an action instituted in said justice’s court, or other appropriate writ, to set aside a judgment in that action in favor of said Hughes, rendered on the verdict of a jury, and to enforce a former judgment…
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This was an application by the appellant, “ a corporation created by the laws of Tennessee,” for a mandamus to D. L. Woolf, a justice of the peace for said county, and B. F. Hughes, plaintiff in an action instituted in said justice’s court, or other appropriate writ, to set aside a judgment in that action in favor of said Hughes, rendered on the verdict of a jury, and to enforce a former judgment in favor of the defendant (said railroad corporation), rendered by the justice of the peace himself. The petition…
1Opinion of the CourtClopton, J.
— Section 3619 of Code provides : “ Any person, dissatisfied with the judgment of the justice, may, within five days thereafter, appeal to a jury, on giving bond in double the amount of the judgment and costs, conditioned for the payment of the eventual condemnation money ; and such justice, his successors in office, or any justice of the peace in the county, may issue subpoenas for all witnesses that the parties in such appeal may desire.” It is insisted, on the part of appellant, that this section authorizes an appeal to a jury, from the judg*592moot of the justice, only in actions for the…
2Cases cited2 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Steele v. StateSupreme Court of Alabama · 1878
3Cited by10 opinions
- Miller v. State Ex Rel. PeekSupreme Court of Alabama · 1947
- Rodgers v. MeredithSupreme Court of Alabama · 1962
- Jackson County v. DerrickSupreme Court of Alabama · 1897
- Lewis v. HittSupreme Court of Alabama · 1979
- Alabama Public Service Commission v. Southern Bell Telephone & Telegraph Co.Supreme Court of Alabama · 1958
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