20 Ala. 287
Decided January 15, 1852
Supreme Court of Alabama · decided 1852-01-15
<p>1. When a judgment by default is rendered in the Circuit Court on an appeal from the judgment of a Justice of the Peace, and the cause of action-is an open account for a less sum than twenty dollars, the record must show that proof was made to the court of the correctness of the demand; and if it docs not, the judgment -will be reversed.</p>
Cited by 1 later decisions — most recently March 1953
1 state decisions
Relies on Kenum v. Henderson
Good law ✅— No negative treatment on recordhow we know
Decided 1852-01-15
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¶1The action below was on an open account, for a sum less than twenty dollars, and was brought to the Circuit Court by appeal. The judgment was by default, and the record does not show that any proof was made to the court of the correctness of the demand. This was an error, as this court has expressly decided, in Kenum v. Henderson, 6 Ala. 132, and Witherington v. Brantly, 18 ib. 197.
¶2The judgment is reversed, and the cause remanded.