120 Ala. 9 | Ala. | 1897
The papers therein transcribed had reference to a garnishment proceeding in the main case, in nowise involved in the appeal to the circuit court, and included jileas and replications before .the justice set out in extenso. The amount in suit was under $20, in which case the statute provides the cause shall be tried by the court without the intervention of a jury, but when it exceeds that sum, an issue is required to be made up, under the direction of the court, and the cause tried by a jury.—Code of 1896, § 490. Section 488 provides, that cases of appeal on certiorari from judgments of justices of the peace, “must be tried de novo and according to equity and justice without .regard to any defect in the summons, or qther process, or proceedings before the justice.,”
The bond executed was defective, not conditioned as the statute prescribes, and a new and sufficient bond should have been required of the appellant, or his appeal should have been dismissed. — Code of 1896, §§ 482, 487.
For the errors indicated, the judgment below is reversed and the cause remanded.
Reversed and remanded.