Legal Opinion

Griffin v. Appleby

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 3 opinions

Appeal from Chambers Circuit Court. Tried before Hon. James E Cobb. On 31st October, 1881, J. M. and G. L. Griffin sued out two attachments against J. K. Appleby, a non-resident, which were issued by, and returnable before ¡3. P. Green, a notary public appointed by the Governor, with the jurisdiction of a justice of the peace.

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Appeal from Chambers Circuit Court. Tried before Hon. James E Cobb. On 31st October, 1881, J. M. and G. L. Griffin sued out two attachments against J. K. Appleby, a non-resident, which were issued by, and returnable before ¡3. P. Green, a notary public appointed by the Governor, with the jurisdiction of a justice of the peace. The attachments were issued to 'enforce, the collection of two debts, each less in amount than one hundred dollars, and were levied by service of writs of garnishment on E. G. Richards’ as debtor to the defendant. The defendant and garnishee appeared before the notary…

1Opinion of the CourtBrickell, C. J.

The Constitution, Art. vi, § 26, declares, “ justices of the peace shall have jurisdiction in all civil cases, whenever the amount in controversy does not exceed one hundred dollars, except in cases of libel, slander, assault and bat*411tery, and ejectment.” The right of appeal without the prepayment of costs, it requires, shall be secured by law. The same section.of the constitution provides: “That the Governor may appoint one notary public for each election precinct in counties, and one for each ward in cities of over five thous- and inhabitants, who, in addition to the powers of notary, shall…

2Cited by3 opinions

  1. Douglass v. StateSupreme Court of Alabama · 1897
  2. Bain & Sons v. MitchellSupreme Court of Alabama · 1886
  3. Rice v. WattsSupreme Court of Alabama · 1882

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