Cummings v. Edmunson
Supreme Court of Alabama
Oa a writ of error to the Circuit Court of Tus-kaloosa comity. Waddy Edmunson, administrator of ail and singular the goods, chattels and credits, which were of William Edmunson, jun’r, deceased, at the time of his death, left unadministerecl by Samuel Dean, administrator in right of his wife, Parthena Dean, formerly Parthena Edmunson, wife of the said William Edmunson, jun’r, deceased, and adminis-tratrix, &c. declared against Thomas Cummings in an action of debt — For that…
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Oa a writ of error to the Circuit Court of Tus-kaloosa comity. Waddy Edmunson, administrator of ail and singular the goods, chattels and credits, which were of William Edmunson, jun’r, deceased, at the time of his death, left unadministerecl by Samuel Dean, administrator in right of his wife, Parthena Dean, formerly Parthena Edmunson, wife of the said William Edmunson, jun’r, deceased, and adminis-tratrix, &c. declared against Thomas Cummings in an action of debt — For that whereas, the said defendant, theretofore, to wit, on the fifth day of March, in the year of our Lord, eighteen hundred…
1Opinion of the CourtGoldthwaite, J.
A verdict was returned by the jury, which tried this cause, for a sum less than fifty dollars, and a judgment was rendered for the sum found to be due. It is now insisted that the Court below, instead of rendering such judgment, should have non-suited the plaintiff.
The previous decisions of this Court, on the statute of eighteen hundred and seven,* have not been altogether consistent with each other, and we have now to decide, what we believe to be its just and and proper construction.
The enacting clause directs — “If any suit shall be commenced in any Court, for a less sum than such Court…
2Cases cited2 opinions
- Rogers & Sons v. Smiley & GriffinSupreme Court of Alabama · 1835
- Sommerville v. MerrillSupreme Court of Alabama · 1834
3Cited by3 opinions
- McClure v. LaySupreme Court of Alabama · 1857
- McAllister v. McDowSupreme Court of Alabama · 1855
- Hines v. McMillanSupreme Court of Alabama · 1920