Moore v. Jones
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. Before the Hon. G-. D. Shortridge. On the 13th August, 1845, defendant in error made an affidavit that she had recovered a judgment before a justice of the peace of Perry, against Charles Chidsey, and that the money thereon due, could not be made of him; thereupon a garnishment was issued by the justice to C. G. Byrne, a supposed debtor of Chidsey.
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Writ of Error to the Circuit Court of Perry. Before the Hon. G-. D. Shortridge. On the 13th August, 1845, defendant in error made an affidavit that she had recovered a judgment before a justice of the peace of Perry, against Charles Chidsey, and that the money thereon due, could not be made of him; thereupon a garnishment was issued by the justice to C. G. Byrne, a supposed debtor of Chidsey. The garnishee answered on the 26th day of August, that he would be indebted to the plaintiff in error, or Chidsey, on the 1st January 1846, in the sum of $150, subject to a deduction of $50, for the rent…
1Opinion of the CourtCollier, C. J.
1. It is provided by statute, that “ any person aggrieved by the judgment of any justice of the peace may, within five days thereafter, appeal to the next circuit or county court, sitting for his county, first giving to such justice bond with good security, in double the amount of such judgment, conditioned to prosecute such appeal with effect; and in case he be cast therein, to pay and satisfy the condemnation of the court.” Clay’s Dig. 314, § 9. This enactment is perfectly plain and intelligible in its requirements, both as to the time within which the appeal may be prayed for and a bond…
2Cases cited2 opinions
- The Santissima Trinidad.Supreme Court of the United States · 1822
- Grates v. CooperSupreme Court of Alabama · 1845
3Cited by10 opinions
- Sparks v. StateSupreme Court of Alabama · 1953
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Tindell v. GuySupreme Court of Alabama · 1942
- Donald Bros. & Co. v. NelsonSupreme Court of Alabama · 1891
- Grimes v. StateSupreme Court of Alabama · 1879
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