22 Ala. 650 | Ala. | 1853
The decision of the court below, in sustaining the demurrer to the plaintiff’s replication, raises the question, whether chancery has jurisdiction in this State of sums under fifty dollars.
The negative of this proposition seems to be assumed by the counsel for the plaintiff in error. The examination, however, which we have been able to give to the question, induces a different conclusion. In Wood v. Wood et al., 3 Ala. 756, where a bill was filed to recover a distributive share of an estate, and where it was ascertained that the complainant was only entitled to seventeen dollars and fifty cents, the court uses the following language: “Now it has been considered by this court, that the statutes regulating appeals from justices of the peace, and the mode of trial in the higher courts, secure to parties all the justice and equity to which they are entitled; especially, when the amount in controversy does not exceed twenty dollars,” citing Williams et al. v. Berry et al., 3 Stewart & Porter 284. In this latter case, it will be observed, that the matter actually in controversy was also less than twenty dollars; the court, however, in remarking uppn the statute of 1819, detailing how appeals shall be tried in the. appellate court, uses language well calculated to mislead. That statute is as follows: “ That in cases of appeals from judgments of justices of the peace, the court before whom such appeal shall be brought, shall proceed to try the same according to the justice and equity of the case, without regarding any defect in the warrant, capias, summons, or other proceeding of the justice of the peace before whom the cause was .fried.” Upon this statute the court 'remarks: “As equitable rights cannot ■ be in direct opposition to those that are legal, except'in the form and manner of adjudicating them, and in the rules of evidence, it is concieved that the statutes referred to were intended to secure to the parties, in suits under fifty dollars originating before justices of the peace, all the justice and equity to which they are entitled, especially where the amount in controversy does not exceed
In the case of Beason v. Riddle, 11 Ala. 743, it was held, that a case upon appeal from a justice’s court was not a suit in chancery, even to the extent of giving to the court a discretionary power over the costs, except in those cases expressly provided by statute. The court, in commenting upon the act of 1819, says: “ Although the act of 1819 contemplates the proceedings of a justice of the peace, when removed by appeal, with much toleration, and requires that the trial shall be had upon principles of equity and justice, neither that, nor any other statute, makes them, either in terms or by construction, cases in equity.” We know of nothing in our laws or decisions, nor can we see any reason in the nature of things, which forbids us to hold that chancery has jurisdiction of purely equitable demands over twenty and under fifty dollars. We see many reasons why justices of the peace should not have that jurisdiction. Our conclusion, therefore, is, that of rights purely equitable over twenty dollars, such as that disclosed in the plaintiff’s replication to the plea of Mrs. Oannte, chancery has jurisdiction, and the demurrer was therefore properly sustained.
The second assignment of error assumes, that the court erred in rendering a judgment in favor of both the defendants below, on sustaining the demurrer to the replication to the plea of Mrs. Cannte. The legitimate- judgment on this demurrer was, that Mrs. Cannte be discharged, leaving her husband in court; and this raises the question whether he could be retained, after the action was terminated as to her.
In the case of Palmer, use, &c., v. Severance & Stewart, 10 Ala. 346, the court says: “ The construction hitherto given to the statute which makes joint obligations, &e., joint and several, (Digest 323 § 61,) has been, that it does not warrant the discontinuance of the suit when commenced against
“A more reasonable rule has been adopted in New York, where the plaintiff is permitted to discontinue against a co-defendant who pleads any matter which shows an inability to make the contract declared on; and he proceeds against the other defendants.” Hartness v. Thompson & Wife, 5 Johns. 160; Andrews v. Waring, 20 ib. 160; Whitbeck v. Cook & Wife, 15 ib. 483. This rule, it would seem, never extended, even in England, to those cases where one of the defendants was discharged by matter arising after the contract was made, as in the case of bankruptcy pleaded by one of the defendants. In such cases, the party pleading such defence could well be discharged, and the other defendants still held in court. 2 Saunders 207, note 2; 1 Wilson 90.
The rule which we deduce from an examination of the