King v. Dougherty
Supreme Court of Alabama
E. King held a note made by J. Dougherty, payable to him for @51 64, due on the 4th of February, 1837. On 4he 14th of March, 1837, King indorsed on the note the following words: “ I relinquish all the within note that is over fifty dollars, E. King,” and on the same day sued out a warrant before a justice of the peace of Shelby county, against Dougherty, returnable on the 34th of March, to recover on the note.
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E. King held a note made by J. Dougherty, payable to him for @51 64, due on the 4th of February, 1837. On 4he 14th of March, 1837, King indorsed on the note the following words: “ I relinquish all the within note that is over fifty dollars, E. King,” and on the same day sued out a warrant before a justice of the peace of Shelby county, against Dougherty, returnable on the 34th of March, to recover on the note. The magistrate gave judgment against the defendant for @50, besides costs. Dougherty appealed to the County Court of Shelby county, which Court, on his motion, quashed the proceedings.…
1Opinion of the Court
By JUDGE CRENSHAW.
The question arising from the record, is, had the plaintiff a right to relinquish all his debt except fifty dollars, so as to bring the case within the jurisdiction of the magistrate? This question has been settled in the affirmative by a former adjudication of this Court. The judgment must therefore be reversed, and the proper judgment rendered here. In this opinion the Court are unanimous.
Judge Saffold not sitting.
2Cited by4 opinions
- Crabtree v. CliattSupreme Court of Alabama · 1853
- Henderson v. PlumbSupreme Court of Alabama · 1850
- Deming's Adm'r v. HamilSupreme Court of Alabama · 1863
- Grant v. Cole & Co.Supreme Court of Alabama · 1846