Ganaway v. Mayor of Mobile
Supreme Court of Alabama
Ereor to the Circuit Court of Mobile. Tried before the Hon. L. GibboNS. The statement of the cause of action in this case, which was filed in the Circuit Court, is in these words : “ This case is brought into this court by an appeal, on part of defendant, from the judgment of C. C. Langdon, Mayor of the city of Mobile, and ex officio justice of the peace in and for said county, in favor of the Mayor, Aldermen and Common Council of the city of Mobile against the defendant.
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Ereor to the Circuit Court of Mobile. Tried before the Hon. L. GibboNS. The statement of the cause of action in this case, which was filed in the Circuit Court, is in these words : “ This case is brought into this court by an appeal, on part of defendant, from the judgment of C. C. Langdon, Mayor of the city of Mobile, and ex officio justice of the peace in and for said county, in favor of the Mayor, Aldermen and Common Council of the city of Mobile against the defendant. Said judgment was rendered June 11, 1850, for the sum of fifty dollars, besides costs of suit, for violating the ordinance…
1Opinion of the CourtChilton, J.
— It is true, that in cases of appeal or certiorari • from justices’ courts to the Circuit Court, the same nicety and particularity will not be required in the statement of the complaint, as in cases commenced in the Circuit Court; yet the statement which the statute requires to be filed in lieu of a formal declaration, must show a cause of action, and if it does not, the defendant may demur. Such has been the constant course of practice upon this subject. Copeland v. Flowers, at this term, and cases there cited; Jones v. Buckly, 19 Ala. Rep., 604.
In the case before us, the statement is…
2Cases cited1 opinion
- Jones v. BuckleySupreme Court of Alabama · 1851
3Cited by2 opinions
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- Tomlin v. Mayor of BirminghamSupreme Court of Alabama · 1895