Illinois Central R. R. v. Burleson
Alabama Court of Appeals
Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Action by W. T. Burleson against the Illinois Central Railroad Company for damages for failure to deliver freight. Judgment for plaintiff and defendant appeals.
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Appeal from Marion Circuit Court. Heard before Hon. C. P. Almon. Action by W. T. Burleson against the Illinois Central Railroad Company for damages for failure to deliver freight. Judgment for plaintiff and defendant appeals. Counsel discuss the assignments of error W/ith citation1, of authority, and on application for rehearing insist that the appeal bond Avas a sufficient transcript to give the circuit court jurisdiction to proceed Avith the trial, and that, therefore, the submission should be set aside and certiorari granted to bring up a proper transcript. — Hardee v. Abraham, 183 Ala.…
1Opinion of the CourtPelham, J.
The .transcript in this case shows that the summons and complaint filed in the circuit court was originally filed in the court of a justice of the peace. The amount claimed is below the original jurisdiction of the circuit court, but the transcript contains nothing showing that the circuit court was exercising appellate jurisdiction and trying the case de novo on appeal from a judgment rendered in the justice’s court.
The amount claimed by the appellee in the complaint ($20) is as damages for the failure of appellant' to deliver a cook stove delivered to it in- the due course, of business as a…
2Cases cited1 opinion
- Gunter v. MasonSupreme Court of Alabama · 1899
3Cited by8 opinions
- Hardeman v. StateSupreme Court of Alabama · 1919
- Central of Georgia Ry. Co. v. CoursenAlabama Court of Appeals · 1913
- Doyle v. City of MobileAlabama Court of Appeals · 1915
- Porter & Co. v. GodfreyAlabama Court of Appeals · 1915
- James v. StateAlabama Court of Appeals · 1938
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