Russell v. Russell
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Tried before Hon. Henry D. Clayton. The appellee, Lucius A. Russell, sued the appellant, W. Frank Russell, before a justice of the peace, for the sum of ninety dollars, “ as damages for the conversion by him, on tlie......day of.........., of the following chattels : Four hundred and fifty bushels of cotton seed, and fifteen bushels of corn, the property of the plaintiff.”
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Appeal from Barbour Circuit Court. Tried before Hon. Henry D. Clayton. The appellee, Lucius A. Russell, sued the appellant, W. Frank Russell, before a justice of the peace, for the sum of ninety dollars, “ as damages for the conversion by him, on tlie......day of.........., of the following chattels : Four hundred and fifty bushels of cotton seed, and fifteen bushels of corn, the property of the plaintiff.” Judgment having been rendered against the defendant, he appealed to the Circuit Court, when the complaint set out above was again filed. The cause was tried upon pleas of the general issue…
1Opinion of the CourtBrickell, C. J.
The statement of the cause of action, which a plaintiff is required to file, on an appeal or certiorari from the judgment of a justice of the peace, when the sum claimed exceeds twenty dollars, is not subject to the technical rules of pleading. If it discloses in general terms a breach of a contract, or a wrong done, of which the justice has jurisdiction, it is sufficient. — Hanks v. Hinson, 4 Port. 509 ; *51Spence v. Boyd, 2 Stew. 480; Morrison v. Morrison, 3 Stew. 444. The complaint or statement in this case would have been more formal if, following the form of complaint for trover in the…
2Cases cited10 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Perminter v. KellySupreme Court of Alabama · 1851
- Pattison v. RichardsNew York Supreme Court · 1856
- Thompson v. MawhinneySupreme Court of Alabama · 1850
- Morrison v. MorrisonSupreme Court of Alabama · 1831
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- Bolton v. CuthbertSupreme Court of Alabama · 1902
- Staples v. PearsonSupreme Court of Alabama · 1935
- Poole v. GriffithSupreme Court of Alabama · 1927
- Marlowe v. RogersSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.