¶1This Court. in Perry v. Brown, in which the same point was presented, under the influence of the 38th section of the act of 181-9, “To regulate the proceedings of the Courts of law and equity in this State,” held that no exception could be taken on appeal, to the warrant, eapias, summons, or other proceeding of the justice of the peace before whom the same was tried; but that the appeal should be tried according to the justice and equity of the case. The judgment is therefore reversed, and the cause remand'ed..
2 Stew. 400
Rutledge v. Rutledge
Decided January 15, 1830
Supreme Court of Alabama · decided 1830-01-15
This was a writ of error from Morgan Circuit Court. The suit was commenced by a warrant before a justice of the peace. The warrant was signed by the justice under his hand, but without a seal annexed. The magistrate gave judgment for the plaintiff, from which an appeal was taken to the County Court, where the Court, on motion of the defendant, quashed the warrant, because it was not under seal.
Decided 1830-01-15