Walton v. Parker

Decided November 15, 1896

Supreme Court of Alabama · decided 1896-11-15

Á’ppbal from the Circuit Court of Barbour. Tried before the Hon John R. Tyson. ' On the 10th day of July, 1895, suit was commenced •before a justice of the peace in Barbour county against appellant, Mariali Walton, for unlawful detainer of a certain house and lot in the city of Eufaula. The summons in said cause commanded the defendant to appear to answer the complaint of'N. C. Vaughan, agent for H. H. Parker.

Cited by 1 later decisions — most recently April 1909

1 state decisions

Relies on Littleton v. Clayton · McConnell v. Worns

Good law ✅— No negative treatment on recordhow we know

Decided 1896-11-15

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McCLELLAN, J. —

¶1Conceding that the amendment of the complaint allowed by the justice of the peace was unwarranted, its allowance constituted a defect in the proceeding before the justice which is not available to the defendant on appeal to the circuit court, where the cause is required to be “tried de novo, and according to equity and justice, without regard to any defect in the summons, or, other process, or proceedings before the justice." — Code, § 3405 ; Littleton v. Clayton, 77 Ala. 571; McConnell v. Worns, 102 Ala. 587.

¶2Affirmed.