McCrory v. Smith
Supreme Court of Alabama
Error to the County Court of Pickens County. THE plaintiff in error commenced suit before a justice of the peace, and obtained judgment. This judgment the defendant carried by certiorari to the county court of Pickens county, where the warrant of the justice was quashed, because the name of the plaintiff did not appear in the body of the summons. The warrant was endorsed “J. M. McCrory v. D. Smith.”
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Error to the County Court of Pickens County. THE plaintiff in error commenced suit before a justice of the peace, and obtained judgment. This judgment the defendant carried by certiorari to the county court of Pickens county, where the warrant of the justice was quashed, because the name of the plaintiff did not appear in the body of the summons. The warrant was endorsed “J. M. McCrory v. D. Smith.” The plaintiff filed his statement commencing in these words, £‘J. M. McCrory, alias, James M. McCrory, complains of David Smith.” There are now five other cases like the present, except that the…
1Opinion of the CourtOrmond, J.
— Without an examination of the question, whether the defects in the warrant of the justice, were such as would in any case have authorized the court, after an appearance, to quash the proceedings — it should not have been done in this case. When a case is carried by appeal or certiorari from the Judgment of a justice of the peace, toa superior court, no defence can be made, which does not go to the merits of the case; as the statute requires the proceedings to be had de novo according to the equity and justice of the case, without regarding any defect in the warrant or other proceedings.…
2Cited by5 opinions
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