2 Ala. 40
Decided January 15, 1841
Supreme Court of Alabama · decided 1841-01-15
Writ of error to the County Court of Mobile County. Scott sued Larcher before a justice of the peace, and the latter appealed to the County Court. The only papers sent up by the justice, are the warrant and the appeal bond. No statement of the cause is furnished by the justice; but the appeal bond recites the judgment rendered by him. The County Court dismissed the appeal, and awarded a procedendo to the j ustice.
Good law ✅— No negative treatment on recordhow we know
Decided 1841-01-15
Cited by 6 later decisions — most recently December 1944
6 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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¶1— The statute regulating appeals, requires the justice of the peace who decides the cause, to send a statement of it to the appellate Court; but his omission to do so, certainly ought not to prejudice either party. The recital of the judgment, which is contained in the condition of the appeal bond, furnishes sufficient evidence of its existence. [McAlpin v. Paul, Minor, 316.] The County Court should have proceeded to try the cause de novo.
¶2Let the judgment be reversed and remanded.