Wiggins v. Perryman

Decided June 15, 1833

Supreme Court of Alabama · decided 1833-06-15

Perryman, the defendant in error, procured the issuance of a warrant, from a magistrate of Conecuh County, against Margaret Wiggins, for the sum of twenty-five dollars, due upon a promissory note.— The magistrate, after a hearing of the cause, rendered judgment in favor of the defendant; and the plaintiff appealed to the Circuit Court. At March Term, 1832, it being the return term of the appeal, a formal judgment, by default, was rendered against the defendant.

Decided 1833-06-15

Lipscomb, C. J.

¶1This cause originated before a justice of the peace, in the County of Conecuh.

¶2Samuel Perryman sued Margaret Wiggins ; judgment was given for the defendant; the plaintiff appealed, and, at the first term of the Circuit Court recovered judgment by default against the defendant, for twenty-seven dollars and forty cents, his debt and interest.

¶3 *95It does not appear, that the defendant ever had' notice of the pendency of the appeal.

¶4No default could legally be taken against the defendant, at the first term of the Court, after appeal taken, unless she had notice of the pendency of such appeal.

¶5The judgment must, therefore, be reversed, and the cause remanded.