Oklahoma Vinegar Co. v. Kaupp
Supreme Court of Alabama
Appeal from tbe City Court of Talladega. Tried before tbe Hon. G. K. Millee. Tbe appellant, Oklahoma Vinegar Company, brought an action of assunrpist against tbe appellee, F. H. Kaupp in a justice of the peace court. The defendant filed in said court a plea averring that he did not, owe tbe plaintiff tbe amount sued for, bat was due him tbe sum of |11.20, and in said plea tendered to tbe sheriff said amount, together with tbe court costs.
Read the full summary
Appeal from tbe City Court of Talladega. Tried before tbe Hon. G. K. Millee. Tbe appellant, Oklahoma Vinegar Company, brought an action of assunrpist against tbe appellee, F. H. Kaupp in a justice of the peace court. The defendant filed in said court a plea averring that he did not, owe tbe plaintiff tbe amount sued for, bat was due him tbe sum of |11.20, and in said plea tendered to tbe sheriff said amount, together with tbe court costs. The amount of the tender together with tbe costs was paid into court. From a judgment in favor of the plaintiff for the amount tendered, the plaintiff…
1Opinion of the CourtDiOWDELL, J.
In compliance with section 484, Code of 1896, the justice of the peace sent up to the dtv court to which the appeal had been taken the original papers together with a statement, signed by him of the case and the judgment rendered by him. The statement as to the judgment was as follows: “The court heard the evidence, and considers from the evidence, and contract in court that the tender is all that is due the plaintiffs and so renders judgment.” This is sufficient to show a judgment authorizing an appeal. Moreover, it has been decided by this court as far back as 2 Ala. — Larcher v. Scott. p.…
2Cited by4 opinions
- McLosky v. StateSupreme Court of Alabama · 1923
- Union Mut. Ins. Co. v. RobinsonSupreme Court of Alabama · 1927
- Ex Parte FinleySupreme Court of Alabama · 1944
- Andrews v. BurtonSupreme Court of Alabama · 1909