¶1— On an appeal from the judgment of a justice of the peace, when the sum in controversy, (as in this case,) is more than twenty dollars, a declaration or statement of the cause of action, is necessary—(See Roden and others vs. Roland, 1 Stewart’s Rep. 266, and cases there cited.) This has not been done in. this case'; and for that error, as well as for rendering judgment by default final, when the sum was not ascertained, without impanneling a jury to enquire of the damages, — the judgment must be reversed, and the cause remanded.
8 Port. 562
Steelman v. Owen
Decided January 15, 1839
Supreme Court of Alabama · decided 1839-01-15
- This action was commenced before a justice of the peace, by the defendant in this court, against the plaintiff. There did not appear to have been any judgment rendered by the justice, further than might be inferred from the appeal bond, which recited, that judgment was rendered for plaintiff below.
Cited by 1 later decisions — most recently November 1899
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1839-01-15
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