Henderson v. Plumb
Supreme Court of Alabama
Error to the Circuit Court of Monroe. Tried before the Hon. John Bragg. 1. It is insisted that on the appeal an issue de novo should have been tendered to defendant, by way of declaration or suggestion, and when defendant refused to plead, then to proceed as in other cases of default, 2. The jurisdiction of the magistrate is $50, and no more.
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Error to the Circuit Court of Monroe. Tried before the Hon. John Bragg. 1. It is insisted that on the appeal an issue de novo should have been tendered to defendant, by way of declaration or suggestion, and when defendant refused to plead, then to proceed as in other cases of default, 2. The jurisdiction of the magistrate is $50, and no more. It is admitted a creditor may release his debt, or so much of it as will reduce his demand below $50, and thus give jurisdiction to the magistrate. — King v. Dougherty, 2 Stew. 487; NiLbs, use See. v. Moody, 5 Stew. & Por. 19S. The rule laid down here is…
1Opinion of the CourtDargan, C. J.
The plaintiffs notified the defendant, who is a constable, that they would move for a judgment against him before a justice of the peace for the amount of an execution with interest thereon, for failing to return the same within the time prescribed by law. The amount of the execution as described in the notice is fifty dollars, besides two dollars cost. The plaintiffs remitted, on the trial before the justice, all right to recover over fifty dollars. Judgment was rendered in favor-of the defendant, and the plaintiffs appealed to the Circuit Court, but an appeal bond was not executed until…
2Cases cited3 opinions
- Bentley v. WrightSupreme Court of Alabama · 1842
- King v. DoughertySupreme Court of Alabama · 1830
- Condry v. Henley & MurpheySupreme Court of Alabama · 1833
3Cited by4 opinions
- Milhous v. DunhamSupreme Court of Alabama · 1884
- Averett v. HornSupreme Court of Alabama · 1851
- Solomon v. RossSupreme Court of Alabama · 1873
- Deming's Adm'r v. HamilSupreme Court of Alabama · 1863