Craig v. Etheredge
Supreme Court of Alabama
Appeal from, the Circuit Court of Lawrence. Tried before the Hon. E. B. Almon. The appellant, J. N. 'Craig, brought an action of detinue against the appellee, B. T. Etheredge, in a justice of the peace court-. From a judgment in favor of the defendant the plaintiff appealed to the circuit court. In the circuit court the appeal was dismissed on motion made by the defendant. From the judgment dismissing the appeal the present appeal is prosecuted.
Read the full summary
Appeal from, the Circuit Court of Lawrence. Tried before the Hon. E. B. Almon. The appellant, J. N. 'Craig, brought an action of detinue against the appellee, B. T. Etheredge, in a justice of the peace court-. From a judgment in favor of the defendant the plaintiff appealed to the circuit court. In the circuit court the appeal was dismissed on motion made by the defendant. From the judgment dismissing the appeal the present appeal is prosecuted. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.
1Opinion of the CourtTyson, J.
This appeal.is prosecuted to review a judgment of the circuit court dismissing on motion an appeal to that court, from a judgment rendered by a justice of the peace. It is true the record contains a copy of a motion upon which the court is supposed to have acted when it rendered the judgment complained of. But it is not shown by the transcript that this motion had been enrolled upon the records of the circuit court by an order thereof. For aught appearing it was *285simply copied into the transcript from the motion docket or from the paper on file upon which it was written. Until an enrollment it…
2Cases cited1 opinion
- Ewing v. WoffordSupreme Court of Alabama · 1898
3Cited by7 opinions
- National Surety Co. v. BooneSupreme Court of Alabama · 1933
- Barton v. Charter Gas Engine Co.Supreme Court of Alabama · 1907
- Irby v. KaiglerAlabama Court of Appeals · 1912
- Solnick v. BallardSupreme Court of Alabama · 1928
- Jones v. City of AnnistonSupreme Court of Alabama · 1902
2 more not listed; retrieve them via the Exa API.