Waddle v. Ishe

12 Ala. 308

Opinion

GOLDTHWAITE, J.

The utmost effect which can be claimed for the proceedings before the justice is, that prima facie the judgment pronounced by him would be considered as upon the merits. But its effect was entirely destroyed as soon as the further fact was disclosed that he dismissed the cause for the reason that his court was without jurisdiction. [Estell v. Tant, 2 Yerg. 467; N. E. Bank v. Lewis, 8 Pick. 113; Hughes v. Blake, 1 Mason, 519.]

Judgment affirmed.