Larcher v. Scott

Supreme Court of Alabama

Larcher v. Scott

2 Ala. 40

CourtSupreme Court of Alabama

DecidedJanuary 15, 1841

StatusPublished

Cited by8 cases

This text of 2 Ala. 40 (Larcher v. Scott) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Larcher v. Scott, 2 Ala. 40 (Ala. 1841).

Pincite

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.

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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.

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Bluebook (online)

2 Ala. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larcher-v-scott-ala-1841.

Opinion

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