Larcher v. Scott

2 Ala. 40

Opinion

PER CURIAM.

— 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.

Let the judgment be reversed and remanded.