Richmond & Danville Railroad v. Hutto
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action originally commenced by the appellee, John Hutto, against the appellant, the Richmond & Danville Railroad Company, before a justice of the peace; and sought to recover $100, due on an account fpr cross-ties. There was judgment for $100, and costs, against the defendant in the justice’s court, and after-wards, the cause was taken by writ of certiorari to the circuit court.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action originally commenced by the appellee, John Hutto, against the appellant, the Richmond & Danville Railroad Company, before a justice of the peace; and sought to recover $100, due on an account fpr cross-ties. There was judgment for $100, and costs, against the defendant in the justice’s court, and after-wards, the cause was taken by writ of certiorari to the circuit court. Subsequently, a judgment nil dicit was rendered against the defendant, and the surety on the appeal and supersedeas bond,…
1Opinion of the CourtHaralson, J.
The only error insisted on is, that “the judgment rendered in this case is void on its face, being in excess of the jurisdiction of a justice of the peace in this State.”
In Pruitt v. Stuart, 5 Ala. 112, this court held, that where a suit seeking the recovery of money, originates in a justice’s court, and is removed by appeal or certiorari into the circuit court, the judgment there rendered should not exceed the amount for which the justice of the peace had jurisdiction to render a judgment, unless it be increased by the addition of interest, accruing since the rendition of the judgment…
2Cases cited4 opinions
- Smith v. WoodingSupreme Court of Alabama · 1852
- Drake v. Johnston & SeatsSupreme Court of Alabama · 1873
- Pruitt v. StuartSupreme Court of Alabama · 1843
- Hays v. MyrickSupreme Court of Alabama · 1872
3Cited by7 opinions
- Brandon v. Progress Distilling Co.Supreme Court of Alabama · 1910
- May v. DraperSupreme Court of Alabama · 1926
- Anderson v. WintonSupreme Court of Alabama · 1902
- Peerson v. Johnson & JohnsonSupreme Court of Alabama · 1923
- Sheldon v. LyonAlabama Court of Appeals · 1925
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