Bentley v. Wright
Supreme Court of Alabama
Writ of error to the Circuit Court- of Tallapoosa. ■ This case was commenced before a justice of the peace, by the defendant in-.error, against Moses Bentley, Wiley'Crawford and Salmon Washburn, for the recovery of a note-of-fifty dollars. A judgment-was there rendered for -the amount of the note, with one dollar for interest, besides-costs. From that judgment, the defendants prosecuted an appeal,Crawford alone, -entering into bond with. John -Hopkins, his surety.
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Writ of error to the Circuit Court- of Tallapoosa. ■ This case was commenced before a justice of the peace, by the defendant in-.error, against Moses Bentley, Wiley'Crawford and Salmon Washburn, for the recovery of a note-of-fifty dollars. A judgment-was there rendered for -the amount of the note, with one dollar for interest, besides-costs. From that judgment, the defendants prosecuted an appeal,Crawford alone, -entering into bond with. John -Hopkins, his surety. At the first term of the Circuit Court, to which the -case was returned, the defendants, by their -attorney, moved the Court…
1Opinion of the CourtCollier, C.J.
It is assigned for error: 1. That the amount in controversy, was beyond the jurisdiction of the Justice of the Peace, and his judgment therefore unauthorised.
■ 2. The Circuit Court erred in overruling the motion to reverse the judgment of the Justice and dismiss the appeal.
3. The first judgment should not have been awarded, nor the second rendered nunc pro tunc.
4.' The judgment is for too much damages.
5. The amended judgment was rendered without notice, and is informal, uncertain and insufficient.
1. & 2. It is perfectly clear, that the jurisdiction of Justices of the Peace cannot be exercised…
2Cited by10 opinions
- Glaze v. BlakeSupreme Court of Alabama · 1876
- Hart v. TurkSupreme Court of Alabama · 1849
- Vaughan v. RobinsonSupreme Court of Alabama · 1852
- McGowan v. SimmonsSupreme Court of Alabama · 1914
- South & North Alabama Railroad v. BrownSupreme Court of Alabama · 1875
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