Waddle v. Dumas
Supreme Court of Alabama
Error to the County Court of Fayette. The defendant in error brought a suit before a justice of of the peace of Fayette county, against the plaintiff in error, to recover damages for false imprisonment. The damages claimed were less than $20. This suit was brought in the year 1844. The justice dismissed the suit for want of jurisdiction. An execution for costs was issued against the defendant in error; he petitioned the county court of Fayette and obtained a certiorari.
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Error to the County Court of Fayette. The defendant in error brought a suit before a justice of of the peace of Fayette county, against the plaintiff in error, to recover damages for false imprisonment. The damages claimed were less than $20. This suit was brought in the year 1844. The justice dismissed the suit for want of jurisdiction. An execution for costs was issued against the defendant in error; he petitioned the county court of Fayette and obtained a certiorari. The petition set forth the fact of the payment of the cost, and prayed a supersedeas, and also a certiorari, to bring up the…
1Opinion of the CourtDarcan, J.
By the act of 1841, jurisdiction was given to justices of the peace, to try all causes for damages, whether the same resulted from contract or tort, (except in cases of slander,) where the damages claimed do not exceed twenty *413dollars; and by the proviso to the act, either party could appeal from the judgment of the justice to the next superior court of the county.
Before this statute, a justice of the peace could not entertain jurisdiction of a suit founded on a tort. By this statute jurisdiction is given, when the damages do not exceed twenty dollars. But we think the right to appeal to the…
2Cited by1 opinion
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