Freeman v. Speegle
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speake.
1Opinion of the CourtSomeryille, J.
— It is contended by the appellant that the cause of action in the Circuit Court, which was one for specific property, or in detinue, was a departure from that in the justice’s court, whence it was brought by appeal. The complaint filed before the justice was in debt, or assumpsit, claiming twenty-five dollars in money for certain chattels.
The proper mode of raising this question of departure was by motion to reject the complaint filed in the Circuit Court, or to strike it from the files. It could not be raised by demurrer. — Davis Ave. R. R. Co. v. Mallon, 57 Ala. 163.
The action disclosed by…
2Cases cited3 opinions
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Abrams v. JohnsonSupreme Court of Alabama · 1880
- Western Union Telegraph Co. v. MeyerSupreme Court of Alabama · 1878
3Cited by11 opinions
- St. Paul Fire & Marine Ins. v. Mountain Park Stock Farm Co.Supreme Court of Oklahoma · 1909
- Louisville & Nashville Railroad v. BarkerSupreme Court of Alabama · 1892
- Curry v. Southern Railway Co.Supreme Court of Alabama · 1906
- Springfield Fire Marine Ins. Co. v. HalseySupreme Court of Oklahoma · 1912
- Hill v. AlmonSupreme Court of Alabama · 1932
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