Childs v. Crawford
Supreme Court of Alabama
Writ of Error to the County Court of Randolph. This suit was commenced in a Justice’s Court, by Crawford against S. & J. J. Childs, and after judgment was removed by certiorari into the County Court, upon the application of the defendants. In the County Court, the canse yvas submitted to a jury, and it appears from the judgment entry, that the verdict was for the plaintiff for $55 58, and fifteen per cent damages on the, same for delay.
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Writ of Error to the County Court of Randolph. This suit was commenced in a Justice’s Court, by Crawford against S. & J. J. Childs, and after judgment was removed by certiorari into the County Court, upon the application of the defendants. In the County Court, the canse yvas submitted to a jury, and it appears from the judgment entry, that the verdict was for the plaintiff for $55 58, and fifteen per cent damages on the, same for delay. The judgment was rendered by the Court for the sum so ascertained by the verdict, wfith fifteen per cent, upon it. This is now assigned as error.
1Opinion of the Court
GOLDTHWAITE, J,
The statute which gives damages when it appears to the Court that an appeal was taken for delay merely, (Dig. 315, § 13,) does not in terms include suits removed by certiorari; and in Hudnell v. McCarty, Minor, 402, it was held not to warrant the assessment of damages in such a suit. The fact that the jury have returned a verdict for this amount of damages will not sustain the judgment rendered on it, because that was not a matter within the issue, and the plaintiff should not have taken judgment for any thing but the sum found due upon his demand.
It is supposed this, at most,…
2Cited by1 opinion
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