12 Ala. 308
Decided June 15, 1847
Supreme Court of Alabama · decided 1847-06-15
Writ of Error to the Circuit Court of Fayette. Trespass for breaking the house and carrying off goods, by Ishe against Waddle, et al. The defendants pleaded not guilty, and a former acquittal of the same cause of action. At the trial, the defendants produced the warrant and proceedings in a suit brought against them by Ishe before a justice of the peace purporting to be a suit for damages for breaking the house, &c. in which judgment was given against the plaintiff for costs.
Good law ✅— No negative treatment on recordhow we know
Decided 1847-06-15
Cited by 3 later decisions — most recently August 1949
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The utmost effect which can be claimed for the proceedings before the justice is, that prima facie the judgment pronounced by him would be considered as upon the merits. But its effect was entirely destroyed as soon as the further fact was disclosed that he dismissed the cause for the reason that his court was without jurisdiction. [Estell v. Tant, 2 Yerg. 467; N. E. Bank v. Lewis, 8 Pick. 113; Hughes v. Blake, 1 Mason, 519.]
¶2Judgment affirmed.