King v. Parmer
Supreme Court of Alabama
Appeal from the Circuit Court of'Lowndes.. Tried before the Hon. Nat. Cooe. This action was brought by William Parmer, against. John King, to recover damages for the conversion of an ox, alleged to be of the value of one hundred dollars. The jury returned a verdict for the plaintiff, and assessed his damages at thirty-nine 50-100 dollars ; and. the court thereupon rendered judgment in his favor for that amount.
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Appeal from the Circuit Court of'Lowndes.. Tried before the Hon. Nat. Cooe. This action was brought by William Parmer, against. John King, to recover damages for the conversion of an ox, alleged to be of the value of one hundred dollars. The jury returned a verdict for the plaintiff, and assessed his damages at thirty-nine 50-100 dollars ; and. the court thereupon rendered judgment in his favor for that amount. On a subsequent day of the term, the defendant moved'tke court to set aside this judgment, and to dismiss the suit, because the amount recovered by the plaintiff was less than that of…
1Opinion of the Court
R. W. "WALKER, J.
Section 2365 of the Code is in tbe following words : “ If suit be brought on any moneyed demand, for a less amount than that of which the court has jurisdiction, the suit must be dismissed ; or, if suit be brought for such amount, and a less sum be recovered, unless the amount is reduced below that of which the court has jurisdiction, by a set-off successfully made by the defendant, the judgment must be set aside, and the suit dismissed, unless he, or some one for him, make affidavit, which must be filed in the cause, that the amount sued for is actually due, and that a…
2Cited by6 opinions
- Morris v. RobinsonSupreme Court of Alabama · 1885
- Atkinson v. JamesSupreme Court of Alabama · 1892
- Haws v. MorganSupreme Court of Alabama · 1877
- First National Bank v. PinsonSupreme Court of Alabama · 1894
- Memphis & Charleston R. R. v. HembreeSupreme Court of Alabama · 1887
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