Walton v. Parker

Supreme Court of Alabama

Walton v. Parker

114 Ala. 673

CourtSupreme Court of Alabama

DecidedNovember 15, 1896

StatusPublished

Cited by1 cases

This text of 114 Ala. 673 (Walton v. Parker) 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

Walton v. Parker, 114 Ala. 673 (Ala. 1896).

Pincite

Opinion

McCLELLAN, J. —

Conceding that the amendment of the complaint allowed by the justice of the peace was unwarranted, its allowance constituted a defect in the proceeding before the justice which is not available to the defendant on appeal to the circuit court, where the cause is required to be “tried de novo, and according to equity and justice, without regard to any defect in the summons, or, other process, or proceedings before the justice." — Code, § 3405 ; Littleton v. Clayton, 77 Ala. 571; McConnell v. Worns, 102 Ala. 587.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

McCLELLAN, J. —

Conceding that the amendment of the complaint allowed by the justice of the peace was unwarranted, its allowance constituted a defect in the proceeding before the justice which is not available to the defendant on appeal to the circuit court, where the cause is required to be “tried de novo, and according to equity and justice, without regard to any defect in the summons, or, other process, or proceedings before the justice." — Code, § 3405 ; Littleton v. Clayton, 77 Ala. 571; McConnell v. Worns, 102 Ala. 587.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

114 Ala. 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walton-v-parker-ala-1896.

Opinion

Related

Cite This Page — Counsel Stack