Wyatt v. Avery
Supreme Court of Alabama
Writ of Error to the Circuit Court of Autaügá. Before the Hon. J. D. Phelan. Appeal from the judgment of a justice of the peace. cited Wiggins v. Perryman, 4 S. & P. 94; Betts v. Nicholson, 1 Stewart, 349; Hancocks v. Holmes, 3 Ala. 9; Clay’s Dig. 315, <§> 17, 18.
1Opinion of the CourtDargan, J.
The plaintiff in error sued the defendant before a justice of the peace, and judgment was rendered in her favor, on the 9th of October, 1847, for $33. The defendant took an appeal to the circuit court of Autauga, and judgment of non pros was rendered against the plaintiff in error; but there was no notice of the appeal served on the plaintiff, or her attorney. It is enacted that “ no appeal shall be tried at the first term of the court to which it is taken, unless it appear that the appellee, his agent or attorney, has had five days’ notice of such appeal, previous to the term at which the…
2Cases cited1 opinion
- Bettis v. NicholsonSupreme Court of Alabama · 1828
3Cited by2 opinions
- Kane v. GammellSupreme Court of Alabama · 1874
- Hightower v. CrowSupreme Court of Alabama · 1893