Martin v. Higgins
Supreme Court of Alabama
Error to the City Court of Mobile. Tried before the Hon, Alex. McKinstry. The facts are these: On the 10th September, 1852, Higgins obtained a judgment against Martin, before a justice of the peace, for the sum of $50 and costs.
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Error to the City Court of Mobile. Tried before the Hon, Alex. McKinstry. The facts are these: On the 10th September, 1852, Higgins obtained a judgment against Martin, before a justice of the peace, for the sum of $50 and costs. On the 18th of that month Martin took an appeal to the City Court, which commenced its session on the second Monday in October, 1852.— During that term, Higgins appeared by his counsel, and filed a statement in the following words : “ Plaintiff claims $50 for work and materials.” Martin having failed to appear, a judgment by default was rendered against him, and a…
1Opinion of the CourtLigon, J.
There is no error in this record of which the plaintiff in error can rightfully complain.
1. The first assignment of error is predicated on nothing which is disclosed by record, except it be in the affidavit of the plaintiff in error, filed in aid of his motion for a new trial in the court below, and introduced into the bill of exceptions as a part of the evidence of surprise on which he rested that motion.— The record taken from the minutes of court, which must be held to import absolute verity, is in the regular form of records in cases of appeal, and does not show that the case was docketed…
2Cases cited2 opinions
- Spence v. TuggleSupreme Court of Alabama · 1846
- Lecatt v. StewartSupreme Court of Alabama · 1830
3Cited by4 opinions
- Cleveland v. Little Cahaba Coal Co.Supreme Court of Alabama · 1921
- Allen v. Southern Coal & Coke Co.Supreme Court of Alabama · 1921
- Linch v. ScottAlabama Court of Appeals · 1922
- J. E. Paterson Lumber Co. v. IngersollSupreme Court of Alabama · 1933