South & North Alabama Railroad v. Seale
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. John Henderson. The plaintiff, Elias J. Seale, brought suit before a justice of the peace in Shelby county, against the South and North Alabama Bailroad Company, to recover damages for cattle killed by the corporation. A judgment was rendered against the defendant, and it appealed to the next term of the Circuit Court.
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Appeal from the Circuit Court of Shelby. Tried before the Hon. John Henderson. The plaintiff, Elias J. Seale, brought suit before a justice of the peace in Shelby county, against the South and North Alabama Bailroad Company, to recover damages for cattle killed by the corporation. A judgment was rendered against the defendant, and it appealed to the next term of the Circuit Court. On the trial of the case, the defendant moved to set aside and vacate the judgment rendered by the justice of the peace, on the ground that there “was no evidence of any service of process, or any notice given or…
1Opinion of the Court
BBICKELL, C. J.—
There was no error in overruling the motion to vacate the judgment of the justice because of a want of evidence of service of process on the appellant. The only defence allowable in the Circuit Court was to the merits of the case.—McCrory v. Smith, 1 Ala. 157; Patterson v. Grace, ib. 264. The statement or complaint was certainly demurrable. But if a demurrer had been interposed, its defects could have been cured by amendment. In Thompson v. Pierce, 3 Stew. 427, it was decided that in the trial of an appeal from the judgment of a justice of the peace, as the statutes intend…
2Cases cited4 opinions
- Crosby v. HutchinsonSupreme Court of Alabama · 1875
- Hollingsworth v. ChapmanSupreme Court of Alabama · 1875
- McCrory v. SmithSupreme Court of Alabama · 1840
- Thompson v. PierceSupreme Court of Alabama · 1831
3Cited by2 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Mobile Savings Bank v. FrySupreme Court of Alabama · 1881