Johnson v. Dismukes
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. On March 14, 1894, Thos. L. Johnson recovered a judgment in.the justice of the peace court against L. W. M. Dismukes for the sum of $43.64, and costs of suit.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. On March 14, 1894, Thos. L. Johnson recovered a judgment in.the justice of the peace court against L. W. M. Dismukes for the sum of $43.64, and costs of suit. On March 22, the justice of the peace issued an execution upon said judgment, and the constable to whom the execution was delivered levied the same upon certain described real estate of the defendant on April 4, 1894; the indorsement of the constable upon the execution reciting that the defendant had no personal property known to him, subject to said execution.…
1Opinion of the CourtBbickell, C. J.
The jurisdiction of the circuit court, or court having like jurisdiction, to order a sale of lands levied on under execution issued by a justice of the peace, is derived- fronrthe statute. (Code, § § 3359, 3862). An essential element of the jurisdiction is, that all the papers in the cause in which the judgment was rendered, upon which the execution was issued, shall by *522the justice be transmitted to the next term, after the levy of the execution, of the court from which it is proposed to obtain the order of sale. This is the plain, unequivocal mandate of the statute, which must be obeyed, or…
2Cited by6 opinions
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Oberhaus v. State ex rel. McNamaraSupreme Court of Alabama · 1911
- Moog v. Doe, ex dem. McDermottSupreme Court of Alabama · 1906
- Witt v. RosenbushSupreme Court of Alabama · 1941
- Johnson v. JohnsonSupreme Court of Alabama · 1895
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