129 Ala. 393 | Ala. | 1900
When the claimant appealed to the city court from the judgment rendered in the justice of the peace court, this appeal had the effect to annul that judgment, and to transfer the cause, between the plaintiff and himself, from the justice’s court into the city court. On the trial of the right of property the claimant’s light to it as set up must always be tried first, before a judgment can properly be rendered against the defendant.—3 Brick. Dig., 591, § 42; Abraham v. Nicrosi, 87 Ala. 173.
A claim suit is not an independent suit,, in the sense that it may, in the first instance, be inaugurated as such; but it is, under the statute, consequential or collateral to the main suit against the defendant in attachment.—Jackson v. Bain, 74 Ala. 328; Cofer v. Reinschmidt, 121 Ala. 252. Yet as between the immediate parties to it, — the plaintiff and the claimant, — it is distinct and independent- of the main suit between the plaintiff and the defendant in attachment, with distinct and independent issues.—Gray v. Raiborn, 53 Ala. 40.
When the claim interposed was tried before the justice, on appeal to a jury, a verdict was found for. the claimant. No formal judgment appears in the tran-sciipt of a judgment by a justice on this finding; but the plaintiff appealed, and in the appeal bond it is recited that a judgment had been rendered for the claimant. In the city court, an issue was made up under the statute, between the plaintiff and the claimant,
The plaintiff, — after the determination of the claim suit adversely to claimant, — moved the city court for a judgment against the defendant. The defendant, in answer to this motion, appeared specially by his 'attorney, for the purpose'solely of making protest against the court’s granting the motion, on the ground that the case against him was still pending in the justice’s court, and that the city court had no jurisdiction of the case or of the defendant, to render judgment therein against him. The court on the hearing of said motion of plaintiff for a judgment against defendant, disallowed the same.
On what ground the court disallowed this motion for such judgment we are not informed. However, on the same day of the overruling of said motion; the defendant appeared specially, for the purpose of filing a
For none of the reasons assigned for striking out said plea, should if lum1 been stricken. If the facts there set up AA’ere true, and flaw are not denied 1 bul fully shoAA'n, the court was without jurisdiction of the suit against defendant, or of defendant, to render judgment against him.
Reversed and remanded.