Brooks v. Carter
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the lion. C. W. Rapier. This action was brought by Jesse Carter, against R. M. Duncan and A. Brooks, and was commenced in a justice’s court. The justice rendered judgment for the plaintiff, for $11 80; and the defendants removed the case, by appeal, to the circuit court.
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Appeal from the Circuit Court of Mobile. Tried before the lion. C. W. Rapier. This action was brought by Jesse Carter, against R. M. Duncan and A. Brooks, and was commenced in a justice’s court. The justice rendered judgment for the plaintiff, for $11 80; and the defendants removed the case, by appeal, to the circuit court. The plaintiff there filed a complaint, claiming $25 for rent due him by the defendants, under a lease dated the 30th October, 1858. On the trial, as the bill of exceptions shows, the plaintiff claimed a balance of $17, as the amount of rent due him; and introduced in…
1Opinion of the CourtStone, J.
Appeals from justices’ judgments, in ordinary cases, are triable de novo, on the facts, aud not on errors assigned on the record. — Code, § 2369; Hogan v. Thompson, 2 Porter, 48 ; McCrary v. Smith, 1 Ala. 157; Waring v. Gilbert, 25 Ala. 295. The recovery, even when the appeal is by the defendant, may be larger than the judgment before the justice of the peace. — Waring v. Gilbert, supra.
[2.] We need not inquire, whether the circuit court rightly refused to receive evidence that Mr. Brooks stood *684in the relation of surety to Mr. Duncan. The only use he proposed to make of that fact, if it…
2Cases cited6 opinions
- Haden v. BrownSupreme Court of Alabama · 1851
- Waring & Co. v. Gilbert & Bro.Supreme Court of Alabama · 1854
- McCrory v. SmithSupreme Court of Alabama · 1840
- McGinty v. MabrySupreme Court of Alabama · 1853
- Branch of the Bank of the State at Montgomery v. PerdueSupreme Court of Alabama · 1842
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