Caldwell v. Meador
Supreme Court of Alabama
Wsit of Error to the County Court of Sumter County. Caldwell sued out an attachment before a Justice of the Peace of Greene County, and the writ was made returnable to the County Court of Sumter County. On its return, the attachment was quashed by the County Court, on the ground that the Justice issuing it had no jurisdiction.
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Wsit of Error to the County Court of Sumter County. Caldwell sued out an attachment before a Justice of the Peace of Greene County, and the writ was made returnable to the County Court of Sumter County. On its return, the attachment was quashed by the County Court, on the ground that the Justice issuing it had no jurisdiction. This is now assigned as error. argued that the authority is general in its terms, and being so- there is no more reason to restrict a Justice of the Peace to his comity, than there is to restrict a Judge of the County or Circuit Court. [Dig. 37, §2.]
1Opinion of the CourtGoldthwaite, J.
It is true, the statute in very general terms authorizes any Judge of the Circuit or County Courts, or any Justice of the Peace, to issue writs of attachment; [Digest, 37, §2,] but we think these powers are conferred with reference to the extent of the general duties of these officers, and that it was not intended to enlarge the circle of their jurisdiction. Ordinarily, the duties of a Justice of the Peace are to be exercised by him within his proper county, and where general terms are used with reference to new duties imposed on this grade of officers, they must be considered as confined to…
2Cited by5 opinions
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