Zavello v. Goldstein & Co.
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Assumpsit by Goldstein & C'o., against B. Zavello. Judgment for plaintiff and defendant appeals, and requests mandamus.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Assumpsit by Goldstein & C'o., against B. Zavello. Judgment for plaintiff and defendant appeals, and requests mandamus. Where there is neither a statement of cause of action shown in the record or a complaint in either court, there is nothing to support the judgment. — Arenclale v. Moore, 42 Ala. 482; Steel-man v. Owen, 8 Port. 562; Gayle v. Turner, Minor 204; Ritter v. Hoy, 55 South. 1034. The court should not have dismissed the petition. — Brotan v; Golemcm, 55 South. 271; Decatur R. R. Co. v. Cross, 97 Ala. 519. Appellant…
1Opinion of the CourtWalker., P. J.
This suit was instituted before a justice of the peace, and from the judgment in favor of the plaintiff rendered by the justice the defendant appealed to the circuit court. The assignment of error that that court erred in rendering its judgment against the defendant is sought to be sustained by the suggestion that the record fails to show that the plaintiff filed a statement of his cause of action or a. complain!-. Among the papers transmitted by the justice - to the clerk of the circuit court on the appeal to that court was a complaint in due form on a verified account, and the record…
2Cases cited6 opinions
- Hudson v. Bauer Grocery Co.Supreme Court of Alabama · 1894
- Owensboro Wagon Co. v. BlissSupreme Court of Alabama · 1901
- Ex parte State ex rel. StowSupreme Court of Alabama · 1874
- Richmond & Danville Railroad v. JonesSupreme Court of Alabama · 1893
- Heyman v. McBurneySupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dulin v. JohnsonSupreme Court of Alabama · 1927
- Fraser v. State Ex Rel. BiggsSupreme Court of Alabama · 1927
- Zavello v. Goldstein & Co.Alabama Court of Appeals · 1911