Beason v. Riddle
Supreme Court of Alabama
Writ of Error to the Circuit Court of Randolph. This was a suit commenced before a justice of the peace, by the plaintiff in error against the defendant, and a judgment being there rendered against the plaintiff for costs, he removed the case by certiorari to the circuit-court.
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Writ of Error to the Circuit Court of Randolph. This was a suit commenced before a justice of the peace, by the plaintiff in error against the defendant, and a judgment being there rendered against the plaintiff for costs, he removed the case by certiorari to the circuit-court. The amount in controversy being less than twenty dollars, the cause was submitted to the court upon the evidence adduced by the parties; whereupon it was determined that the proof established the plaintiff’s demand for two dollars and twenty cents, and a judgment was rendered in his favor for that sum. It was further…
1Opinion of the CourtCollier, C. J.
The act of 1814 provides that in appeals from justices of the peace, where the amount in controversy does not exceed twenty dollars, the court shall try the same de novo, tec. [Clay’s Dig. 314, § 10.] And the act of 1819 enacts that' the court before whom such appeals are brought shall proceed to try the same according to the justice and equity of the case, without regarding any defect in the warrant, capias, summons or other proceedings of the justice of the peace before whom,,the same was tried. [Id. 315, § 12.] By a statute passed in 1807, it is declared that costs in equity shall be paid…
2Cited by4 opinions
- Hall v. CannteSupreme Court of Alabama · 1853
- Porter v. WilliamsSupreme Court of Alabama · 1853
- Lewis v. WoodSupreme Court of Alabama · 1868
- Dill v. PhillipsSupreme Court of Alabama · 1848