Hill v. White
Supreme Court of Alabama
Writ of error to the Circuit Court of Wilcox County ¡ White sued Hill before a justice of the peace, and, after judgment, the latter appealed to the circuit court where the judgment was affirmed, and rendered against Hill and also against Proctor, his security in the appeal bond. The summons was issued on the 3Qth May, returnable, the 6th July.
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Writ of error to the Circuit Court of Wilcox County ¡ White sued Hill before a justice of the peace, and, after judgment, the latter appealed to the circuit court where the judgment was affirmed, and rendered against Hill and also against Proctor, his security in the appeal bond. The summons was issued on the 3Qth May, returnable, the 6th July. The suit is for a small sum of money, due on a certificate of the plaintiffs’ attendance on the defendant’s subpoena as witness, in the circuit court, in a suit against Collins & Co. It appeared that a former suit had been instituted, by the plaintiff…
1Opinion of the CourtGoldthwaite, J.
— 1. The circuit court very properly refused to quash the proceedings of the justice of the peace, because the summons was returnable more than thirty days after it was issued. If this was an irregularity in the justice of the peace, it is not available to the defendant, after appeal. The statute regulating appeals from justices of the peace, provides that no defect in the summons, warrant, or other proceedings, before ’the justice, shall be noticed in the appellate court.
2. This action is not like a demand for an unliquidated account, so as to be within the influence of the decision in the…
2Cited by8 opinions
- Bradley v. StateSupreme Court of Alabama · 1881
- Northern v. HannersSupreme Court of Alabama · 1898
- Burns v. HowardSupreme Court of Alabama · 1880
- Danforth v. McClellanSupreme Court of Alabama · 1916
- South & North Ala. Railroad v. BradleySupreme Court of Alabama · 1887
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