Cunningham v. Green
Supreme Court of Alabama
Writ of error to the Circuit Court of Macon county. ACTION of forcible entry, commenced before a justice of the peace. The plaintiff had judgment, and afterwards the defendant removed the case, by certiorari, into the Circuit Court, where he assigned for error, that the justice of the peace erred, 1. In admitting the plaintiff to substitute a complaint; the substituted paper not purporting to be a copy of the original. 2. In excluding evidence offered by the defendant, to…
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Writ of error to the Circuit Court of Macon county. ACTION of forcible entry, commenced before a justice of the peace. The plaintiff had judgment, and afterwards the defendant removed the case, by certiorari, into the Circuit Court, where he assigned for error, that the justice of the peace erred, 1. In admitting the plaintiff to substitute a complaint; the substituted paper not purporting to be a copy of the original. 2. In excluding evidence offered by the defendant, to prove the land in controversy was a part of the public domain. 3. In rendering judgment on an insufficient complaint.. .…
1Opinion of the CourtGoldtiiwaite, J.
1. A justice of the peace has the same power to supply the loss of any paper relating to a cause pending before him, as is possessed by other Courts. In Dozier v. Joyce, 8 Porter, 303; this power is said to be inherent in all Courts, and it results from the necessity, that Courts shall proceed unimpeded by accident or design, to the final disposition of all suits, on their merits. We will presume the justice of the peace was satisfied that the complaint filed at the trial, did not materially differ from the original; which he states to have been mislaid.
2. It is insisted, however, that this…
2Cases cited2 opinions
- Dozier v. JoyceSupreme Court of Alabama · 1838
- Lecatt v. StewartSupreme Court of Alabama · 1830
3Cited by7 opinions
- Hammond v. People ex rel. VacaroIllinois Supreme Court · 1863
- Beck v. GlennSupreme Court of Alabama · 1881
- Voss v. KingWest Virginia Supreme Court · 1893
- Russell v. DesplousSupreme Court of Alabama · 1856
- Hamilton v. AdamsSupreme Court of Alabama · 1849
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