Lunsford v. Baskins' Adm'x
Supreme Court of Alabama
Whit of error to the county court of Montgomery. This cause was originally eight suits, commenced before a justice of the peace of Montgomery,] on eight promissory notes, made by the defendant’s intestate, and payable to the plaintiff-rail of which, it is declared by the plaintiff’s affidavit, were lost or mislaid.
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Whit of error to the county court of Montgomery. This cause was originally eight suits, commenced before a justice of the peace of Montgomery,] on eight promissory notes, made by the defendant’s intestate, and payable to the plaintiff-rail of which, it is declared by the plaintiff’s affidavit, were lost or mislaid. Judgment was rendered in each suit in favor of the plaintiff, and each case removed by appeal, on the execution of the usual bond, with sureties to the couiity court. On motion of the defendant, all the cases were consolidated by the county court, and a declaration filed by the…
1Opinion of the Court
COLLIER, C, J.
The act of 1814, in connection with that
of 1822, enacts that any person aggrieved by the judgment of a justice of the peace, may, within five days after its rendition, appeal to the circuit court, or county court of the county, giving bond with good security in double the amount of the judgment, conditioned to prosecute his appeal to effect; and in case he be cast therein to pay and satisfy the condemnation of the court.— [Clay’s Dig. 314, § 9.] By a statute passed in 1816, it is provided, that whenever any judgment rendered by a justice of the peace, shall be removed into any…
2Cited by1 opinion
- Phillips, Burtoff & Co. v. WadeSupreme Court of Alabama · 1880