McAlpin v. Pool

Decided December 15, 1824

Supreme Court of Alabama · decided 1824-12-15

THIS was an appeal from a Justice of the Peace to the Circuit Court. The judgment rendered by the Justice does not appear in the Record otherwise than by the recital in the bond for the appeal to the Circuit Court. “ Whereas “ judgment.by default hath, the day of the date hereof, been “ entered against the above-mentioned R. C. McAlpin, for “ $49 33¿, together with,” &c., naming the Justice of the Peace by whom the judgment was entered.

Decided 1824-12-15

Judge Saffold

¶1delivered the opinion of the Court.

¶2The appeal bond contains an explicit admission of the obligors, who are plaintiffs in Error, of the judgment rendered by the Justice of the Peace. This may be regarded as a shewing of a judgment sufficient to sustain the jurisdiction of the Circuit Court; more especially when the party taking the appeal, suffered judgment by default to pass in the Court to which he had appealed.

¶3The statement of. the plaintiff in the Circuit Court claims a recovery on an instrument of writing, and sets out a copy of it. According to former decisions of this Court, the formality and many of the requisites of pleading in ordinary actions are not necessary on appeals from Justices of the Peace. A brief statement substantially shewing the demand, is sufficient.

¶4Let the judgment be affirmed.