Richards v. Griffin
Supreme Court of Alabama
EitRoit to the Circuit Court of Fayotte. The suit was commenced originally before a justice of the peace, founded on a note made by Richards, and one Simeon V. Crump, to the defendant in error. Richards alone was sued, and judgment by default was rendered against him by the justice. He appealed to tiie county court, and gave bond for the appeal, with James Rice, as security.
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EitRoit to the Circuit Court of Fayotte. The suit was commenced originally before a justice of the peace, founded on a note made by Richards, and one Simeon V. Crump, to the defendant in error. Richards alone was sued, and judgment by default was rendered against him by the justice. He appealed to tiie county court, and gave bond for the appeal, with James Rice, as security. In the county court there was a judgment against Richards and Rice for $59 44. Upon the trial, a bill of exceptions was taken, shewing that on the trial, the defendant offered to introduce Crump, as a witness, -who was…
1Opinion of the CourtOrmond, J.
It is very certain that the writ of error from the county to the circuit court, was improperly sued out, being in the name of one only of the parties to the judgment. For this cause, it would have been dismissed if the defect had been brought to the notice of the circuit court. But the plaintiffs in error cannot bo heard to make the objection in this court, as that would be permitting them to take advantage of their own wrong.
In Mcrrell v. Jones, [8 Porter, 554] we hold, that where the circuit court had entertained jurisdiction by appeal from the county court, of an interlocutory order of…
2Cases cited1 opinion
- Merrill v. JonesSupreme Court of Alabama · 1839
3Cited by4 opinions
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
- Palmer v. SeveranceSupreme Court of Alabama · 1846
- Flash, Hartwell & Co. v. FerriSupreme Court of Alabama · 1859
- Hayden v. BoydSupreme Court of Alabama · 1845