82 So. 344 | Ala. | 1919
Plaintiffs recovered a judgment in the court below, and now prosecute an appeal. The judgment from which the appeal is taken having been in favor of the plaintiffs, we will not consider as reversible error any ruling of the primary court bearing on the defendant's liability and not affecting the amount of the damages recovered, for, however erroneous such rulings may have been, if error, it would be error without injury to the plaintiffs. Randle v. Birmingham R., L. P. Co.,
Section 3663 of the Code of 1907 as to the taxation of cost was applicable to this case, as it was one to recover damages for a wrong or tort; and, the damage recovered being less than $20, it was error to have rendered a judgment for any cost in excess of the damages recovered, without a certificate from the presiding judge that the damages should have been greater. In the absence of an express recital of the fact that the certificate was made, it cannot be presumed on error that it was made. Rarden v. Maddox,
The judgment of the circuit court is affirmed upon direct appeal, and reversed and remanded upon cross-appeal.
MAYFIELD, SOMERVILLE, and THOMAS, JJ., concur. *248