Gunter v. Mason
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the PIon. James A. Bilbko. The appellee, Robert E. Mason, 'brought a suit against the appellant, W. M. Gunter, in a justice of the peace court, to recover twenty-five dollars. From a judgment by default in the circuit court, an appeal is prosecuted to this court. Under the opinion on the present appeal, it is unnecessary to set out the facts in detail.
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Appeal from the Circuit Court of Marshall. Tried before the PIon. James A. Bilbko. The appellee, Robert E. Mason, 'brought a suit against the appellant, W. M. Gunter, in a justice of the peace court, to recover twenty-five dollars. From a judgment by default in the circuit court, an appeal is prosecuted to this court. Under the opinion on the present appeal, it is unnecessary to set out the facts in detail. In the absence of the notice of the appeal 'to the defendant, or his voluntary appearance, the circuit court was without authority to proceed with the case as properly in that court; hence…
1Opinion of the CourtDowdell, J.
The appeal in this case is taken from a judgment by default rendered by the circuit court. The action is in assumpsit, 'and the amount claimed is twenty-five dollars. It appears from the record that the suit was commenced in the justice court. We gather this from the certified transcript by the justice of the proceedings had in the justice court, which appears in the record before us. There is nothing to show how the cause got from the justice court into the circuit court — -no appeal bond, no certificate of appeal by the justice — the only thing appearing is the transcript of the proceedings…
2Cited by25 opinions
- Richards v. WilliamsSupreme Court of Alabama · 1936
- Alabama Independent Service Station Ass'n v. McDowellSupreme Court of Alabama · 1942
- Tillery v. TillerySupreme Court of Alabama · 1927
- Hurt v. KnoxSupreme Court of Alabama · 1930
- Hall v. First BankSupreme Court of Alabama · 1916
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