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1 Minor 55

Perry v. Brown

Supreme Court of Alabama

Decided June 15, 1822

Supreme Court of Alabama · decided 1822-06-15

The Court refused to quash the proceedings had before the Justice. 2d. The Court permitted an amendment to the statement of the cause of action after demurrer sustained, and without stating what amendment permitted ; neither does it appear that any amendment was made. 3d. Judgment final was rendered for want of plea, after judgment for defendant onuhis demurrer, and when no leave had been given him to plead. 4th. There was no issue between the parties.as required by law.

Decided 1822-06-15

¶1Opinion of the Court by

Judge Saffold.

¶2By the 38 th section of the Act of 1819, “To regulate “ the proceedings of the Courts of Law and -Equity in this “ State.” In cases of appeals from Justices of the peace, the Court before whom such appeal shall be brought, shall proceed to try the same according to the justice and equity of the case, without regarding any defect in the Warrant, capias, summons, or other proceeding of the Justice of the peace before whom the same was tried.(a) It is believed that this Statute cured every defect to which the rer related, and that neither the demurrer nor a motion to quash the proceedings should have been sustained.

¶3If the defendant wished to plead to the merits,- he should have asked and obtained leave. As the Record does not shew that he offered to plead, the Circuit Court rightly rendered judgment against him.

¶4Let the judgment be affirmed, (b)

¶5 Laws Ala. p. 189.

¶6See Laws Alabama, p. 507, 8, 511, &c.

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