Legal Opinion

Hall v. Cannte

Supreme Court of Alabama

Decided January 15, 1853PublishedCited by 10 opinions

ERROR to the Circuit Court of Lowndes. Tried before the Hon. NathaN Cook. Hall commenced two actions before a justice of the peace against the defendants in error, founded on two promissory notes executed by them jointly, each for $44 TW, dated January 30, 1849, and payable January 30, 1850. The justice rendered judgment in each case in favor of the plaintiff, and the defendants appealed to the Circuit Court, where plaintiff filed his statement against them.

Read the full summary

ERROR to the Circuit Court of Lowndes. Tried before the Hon. NathaN Cook. Hall commenced two actions before a justice of the peace against the defendants in error, founded on two promissory notes executed by them jointly, each for $44 TW, dated January 30, 1849, and payable January 30, 1850. The justice rendered judgment in each case in favor of the plaintiff, and the defendants appealed to the Circuit Court, where plaintiff filed his statement against them. The pleas found in the record are in these words: “ Defendant, pleading in short by consent, pleads: 1. Non assumpsit; 2. That Mary R.…

1Opinion of the CourtGibbons, J.

The decision of the court below, in sustaining the demurrer to the plaintiff’s replication, raises the question, whether chancery has jurisdiction in this State of sums under fifty dollars.

The negative of this proposition seems to be assumed by the counsel for the plaintiff in error. The examination, however, which we have been able to give to the question, induces a different conclusion. In Wood v. Wood et al., 3 Ala. 756, where a bill was filed to recover a distributive share of an estate, and where it was ascertained that the complainant was only entitled to seventeen dollars and fifty…

2Cases cited8 opinions

  1. Hartness v. ThompsonNew York Supreme Court · 1809
  2. Smith v. Indianapolis, Peru & Chicago Railway Co.Indiana Superior Court · 1871
  3. Wood v. WoodSupreme Court of Alabama · 1842
  4. Adkins v. AllenSupreme Court of Alabama · 1827
  5. Keebles v. FordSupreme Court of Alabama · 1843

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Gibson v. MarquisSupreme Court of Alabama · 1857
  2. Taylor v. WoodsSupreme Court of Alabama · 1875
  3. Davis v. PetrinovichSupreme Court of Alabama · 1896
  4. City of Talladega v. EllisonSupreme Court of Alabama · 1955
  5. Bell v. Montgomery Light Co.Supreme Court of Alabama · 1893

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API