Pegues v. Baker
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. The appellant, Arthur A. Pegues, brought an action in the justice of the peace court against W. M. Baker, the appellee, to recover damages for the breach of a contract.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. The appellant, Arthur A. Pegues, brought an action in the justice of the peace court against W. M. Baker, the appellee, to recover damages for the breach of a contract. In the justice’s court, the defendant moved to dismiss the cause,because it was not brought in the precinct in which the defendant resided, nor in the precinct where the cause of action,■ if any, arose; there being a justice of the peace in the precinct in which the defendant resided. This motion was overruled by the justice of the peace, and upon…
1Opinion of the CourtBrickell, C. J.
The statute, (Code § 3303), exempts a defendant from suit by ordinary civil process before a justice of the peace, without die precinct of his residence, or of that in which the debt was created, or the cause of action arose, and declares that a suit brought contrary to its provisions, must on motion be dismissed by the justice. But if there is no justice, or notary public having the jurisdiction of a justice, within the precinct of the defendant’s residence, or if the justice is from any cause incompetent, the summons may issue and the cause be tried by the justice of an adjoining precinct .…
2Cases cited3 opinions
- Dearmond v. DearmondIndiana Supreme Court · 1858
- Gill v. StateSupreme Court of Alabama · 1878
- Medlin v. TaylorSupreme Court of Alabama · 1893
3Cited by13 opinions
- In Re the Estate of BordeauxWashington Supreme Court · 1950
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
- De Moville v. Merchants & Farmers BankSupreme Court of Alabama · 1939
- Williams v. Dan River Mills, Inc.Supreme Court of Alabama · 1971
- Tagert v. StateSupreme Court of Alabama · 1904
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