Lehman, Durr & Co. v. Hudmon Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. H. D. Clayton. The appellees in this case, suing as partners, commenced an action before a justice of the peace, on the 4th of August, 1883, against Lewis S. Driver, claiming $100 due by promissory note; and judgment was rendered, by confession, on the same day.
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Appeal from the Circuit Court of Coosa. Tried before the Hon. H. D. Clayton. The appellees in this case, suing as partners, commenced an action before a justice of the peace, on the 4th of August, 1883, against Lewis S. Driver, claiming $100 due by promissory note; and judgment was rendered, by confession, on the same day. On the 13th November, 1883, plaintiffs sued out a garnishment on this judgment, against Lehman, Durr & Co., a mercantile partnership doing business in the city of Montgomery. The garnishment was duly served, and an answer was filed in the partnership name on the 1st…
1Opinion of the CourtStone, C. J.
“Appeals from judgments of justices of *534the peace are triable de novo, upon their merits, without regard to the judgment of the justice. By the appeal, that judgment is vacated, and ceases to have any force or effect, either as an estoppel, or as matter of evidence. The judgment of the justice is not reversed or affirmed, but a new, distinct and independent judgment, as may be required by the merits shown on the trial, is rendered by the City or Circuit Court.”—Abraham v. Alford, 64 Ala. 281; Littleton v. Clayton, 77 Ala. 571; Code of 1876, § 3121.
When this case was appealed from the justice’s…
2Cases cited3 opinions
- Abraham v. AlfordSupreme Court of Alabama · 1879
- Littleton v. ClaytonSupreme Court of Alabama · 1884
- Stockdale v. Riddle & Co.Supreme Court of Alabama · 1853
3Cited by13 opinions
- Alabama Equity Corporation v. HallCourt of Civil Appeals of Alabama · 1970
- Jefferson County Savings Bank v. NathanSupreme Court of Alabama · 1903
- Lipscomb v. Bessemer Board of EducationSupreme Court of Alabama · 1952
- First National Bank v. DimmickSupreme Court of Alabama · 1912
- McConnell v. WornsSupreme Court of Alabama · 1893
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