Herrin v. Buckelew
Supreme Court of Alabama
'Appeal from the Circuit Court of Randolph.. Tried before the Hon. Robert Dougherty. . The agreed facts of this ease are these: On the 26th January, 1858, Stephen NIC,Herrin -borrowed $1260 from-F. W. Buekelew, and, to secure the repayment thereof,, executed to said Buekelew twenty-eight promissory notes, for $45 each, all dated on said 26th,'. January, 1858, and payable on the 25th December next after date; which notes were also signed by J. M. Baker and James Saxon, as…
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'Appeal from the Circuit Court of Randolph.. Tried before the Hon. Robert Dougherty. . The agreed facts of this ease are these: On the 26th January, 1858, Stephen NIC,Herrin -borrowed $1260 from-F. W. Buekelew, and, to secure the repayment thereof,, executed to said Buekelew twenty-eight promissory notes, for $45 each, all dated on said 26th,'. January, 1858, and payable on the 25th December next after date; which notes were also signed by J. M. Baker and James Saxon, as sureties for said Herrin, and co-makers with him. These notes being unpaid at maturity, Buekelew instituted separate suits…
1Opinion of the CourtA. J. Walker, C. J.
The only question óí this case is, whether,a justice has jurisdiction over-suits upon the several -notes, each under fifty dollars, into '.which a debt exceeding fifty dollars is divided. We decide the question in the affirmative. The jurisdiction of a justice of the peace extends to causes in which the amount in*.controversy does not exceed fifty dollars. — Constitution of the State of Alabama, art. V. § 10. Where -suits are brought upon notes-.for less than fifty dollars, the amount in- controversy *587is under fifty dollars, notwithstanding each note may be 'for a part of a debt exceeding that…
2Cases cited1 opinion
- Baird v. NicholsSupreme Court of Alabama · 1835
3Cited by3 opinions
- McNeil v. Ritter Dental Mfg. Co.Supreme Court of Alabama · 1925
- Ryall v. PrinceSupreme Court of Alabama · 1886
- Marker v. QuinlanSupreme Court of Iowa · 1925