Legal Opinion

Hardee v. Abraham

Supreme Court of Alabama

Decided November 15, 1901PublishedCited by 6 opinions

Appeal from ¡the Circuit Court of Lawrence. Tried before the Hon. O. Kylio. This was a statutory action of ejectment brought by the appellee, Jacob Abraham, as trustee, against the appellant, John Hardee, to recover the possession of certain personal property described in the complaint. The action was commenced in a justice of the peace court.

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Appeal from ¡the Circuit Court of Lawrence. Tried before the Hon. O. Kylio. This was a statutory action of ejectment brought by the appellee, Jacob Abraham, as trustee, against the appellant, John Hardee, to recover the possession of certain personal property described in the complaint. The action was commenced in a justice of the peace court. From a judgment in favor of the plaintiff in said court, the defendant appealed to the circuit court, and executed a regular appeal bond. The justice of the peace sent to the cleric of the circuit court copies of the papers issued by him which included…

1Opinion of the CourtMcCLELLAN, C. J.

Section 484 of the Code is as follows: “When an appeal is taken, the justice must return all the original papers in the cause, together with a statement, 'signed by him, of the case and the judgment rendered by him, to the clerk of the court to which the appeal was taken, within ten days after the taking of (the appeal.” The transcript filed here in this case contains copies of the papers in the cause before the justice of the peace, a copy of the statement of the case and the judgment rendered signed by the justice of rthe peace and a copy of the bond given on appeal to the circuit court;…

2Cases cited3 opinions

  1. Littleton v. ClaytonSupreme Court of Alabama · 1884
  2. South & North Alabama Railroad v. PilgreenSupreme Court of Alabama · 1878
  3. Larcher v. ScottSupreme Court of Alabama · 1841

3Cited by6 opinions

  1. McLosky v. StateSupreme Court of Alabama · 1923
  2. Union Mut. Ins. Co. v. RobinsonSupreme Court of Alabama · 1927
  3. Shell Petroleum Corporation v. BruceSupreme Court of Alabama · 1935
  4. J. E. Paterson Lumber Co. v. IngersollSupreme Court of Alabama · 1933
  5. Lee v. StateAlabama Court of Appeals · 1914

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