Southern Express Co. v. Boullemet & Perkins
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before Hon. O. J. Semmes. This suit was originally brought in a justice’s court by A. Boullemet against the Southern Express Company, and was to recover $10.70 as overcharges on expressage. Upon the summons issued by the justice of the peace there was indorsed the following statement: “Cause of action. $10.70 for an excess of freight charges.”
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Appeal from the City Court of Mobile. Tried before Hon. O. J. Semmes. This suit was originally brought in a justice’s court by A. Boullemet against the Southern Express Company, and was to recover $10.70 as overcharges on expressage. Upon the summons issued by the justice of the peace there was indorsed the following statement: “Cause of action. $10.70 for an excess of freight charges.” The cause was tried in the City Court without filing any complaint, and pending the trial in the City Court “the plaintiff moved to be allowed to amend by making E. T. Perkins one of the plaintiffs to said…
1Opinion of the CourtMcCLELLAN, J.
When a cause is removed from a justice’s court into the Circuit Court, or City Court having the jurisdiction in such cases of Circuit Courts, by appeal or certiorari, it is triable de novo, without regard to any defects in the proceedings; and a trial may be had in the appellate court either on the original complaint, which may be amended, or a new complaint which maybe filed.—Littleton v. Clayton, 77 Ala. 571.
In this case the complaint in the justice’s court consisted of a mere statement of the cause of action on the summons. This was treated by both parties in the City Court as the…
2Cases cited3 opinions
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Littleton v. ClaytonSupreme Court of Alabama · 1884
- McCaskey & Ratcliff v. Pollock & CoSupreme Court of Alabama · 1886
3Cited by7 opinions
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Blankenship v. BlackwellSupreme Court of Alabama · 1899
- Southern Railway Co. v. LoweSupreme Court of Alabama · 1910
- Henry v. FrohlichsteinSupreme Court of Alabama · 1907
- Canty v. SimsAlabama Court of Appeals · 1926
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