Moffet v. Wooldridge
Supreme Court of Alabama
This was a suit commenced before a jusiice of the peace in Pickens county, in the name of Thomas Wooldridge, ■junior, for the use of Thomas Wooldridge, Senior, 1o recover the amount'of an order drawn by the former in favor ■ot the latter, on Moffet, one of the plaintiffs in error, and accepted by him. The justice rendered judgment for the plaintiff below, and Moffet appealed to the Circuit Court of said county, giving Singleton as his security in the appeal bond.
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This was a suit commenced before a jusiice of the peace in Pickens county, in the name of Thomas Wooldridge, ■junior, for the use of Thomas Wooldridge, Senior, 1o recover the amount'of an order drawn by the former in favor ■ot the latter, on Moffet, one of the plaintiffs in error, and accepted by him. The justice rendered judgment for the plaintiff below, and Moffet appealed to the Circuit Court of said county, giving Singleton as his security in the appeal bond. In the Circuit Court, a statement of the same cause of action was filed in the name of Thomas Wool-diidge, Senior, as plaintiff, to…
1Opinion of the Court
By JUDGE PERRY.
In the ease of Smith & Hill v. Cobb,a which was a suit instituted before a justice of the peace, against the maker and indorser of a promissory note, judgment was rendered against them, and they appealed. The appellate Court permitted a dismissal of the suit as to the indorser, and gavejudgment against the maker and his security. The Cour-. determined that the statute of 1819.b which enacts that appeals taken front the of justices of the peace, shall be tried by the appellate Court, accordicg to the justice and equity of the case, without regarding any defect in the warrant,…
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- Taylor v. AcreSupreme Court of Alabama · 1845