Blair v. Williams
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. S, L. Brewer. Action of detinue by Joe Williams against R. W. Blair, for the recovery of a horse. Begun in the justice court and carried by appeal to the circuit court. From a judgment for plaintiff defendant appeals.
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Appeal from Coosa Circuit Court. Heard before Hon. S, L. Brewer. Action of detinue by Joe Williams against R. W. Blair, for the recovery of a horse. Begun in the justice court and carried by appeal to the circuit court. From a judgment for plaintiff defendant appeals. Having agreed to plead in short by consent in the justice court the appellee cannot complain of its agreement in the circuit court. — Strauss v. Mertief, 64 Ala. 311; Gayle v. Randle, 4 Port. 233. Where the justice court has no jurisdiction, the circuit court has none on appeal. — Pruitt c. Stewart, 5 Ala. 112; R, & D. R. R. Go.…
1Opinion of the CourtMcCLELLAN, J.
Detinue for a horse, begun in a justices’» court and brought to the circuit court by Blair, the defendant, appellant here. The transcript from the justice’s court recites that: “This day came the parties, and the defendant pleaded in short by consent, and has leave to- offer in evidence any facts, that may be specially pleaded, and issue being joined thereon. * '* There is, of course, nothing in the transcript from the justice’s: court to indicate what was, in fact, offered in defense of the action — its character or purport. When the cause reached the circuit court on appeal, the defendant…
2Cases cited4 opinions
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
- Louisville & Nashville Railroad v. BarkerSupreme Court of Alabama · 1892
- Steele v. WalkerSupreme Court of Alabama · 1896
3Cited by12 opinions
- Edmunds v. State, ex rel. DedgeSupreme Court of Alabama · 1917
- Dickey v. VaughnSupreme Court of Alabama · 1916
- Harvey v. State Department of Public SafetyCourt of Civil Appeals of Alabama · 1975
- Culp v. CashAlabama Court of Appeals · 1950
- Dixie Industrial Co. v. Atlas Lumber Co.Supreme Court of Alabama · 1919
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