Sparry v. Woodliff

• Decision Date: 30 June 1928
• Docket Number: 7 Div. 814
• Parties: SPARRY v. WOODLIFF.
• Court: Alabama Supreme Court

117 So. 667

218 Ala. 155

SPARRY v. WOODLIFF.

7 Div. 814

Supreme Court of Alabama

June 30, 1928

Appeal from Circuit Court, Etowah County; Woodson J. Martin, Judge.

T.J Woodliff had judgment, in inferior court, against Charles Sparry and Alice Sparry. Execution under said judgment being levied upon certain real estate, the cause was transferred to the circuit court. From a judgment directing sale of the lands in satisfaction of the judgment, on motion of plaintiff, the defendant Alice Sparry appeals. Affirmed.

Motley & Motley, of Gadsden, for appellant.

Culli Hunt & Culli, of Gadsden, for appellee.

SAYRE J.

The appeal is based upon alleged error in the proceeding in the circuit court for the sale of land to satisfy the judgment of a justice of the peace.

The proceeding in the circuit court was governed by sections 8745-8748 of the Code, and it must be conceded that it is purely statutory, and the validity of the resulting judgment depends upon a compliance with the requirements of the statute. Moog v. Doe, 145 Ala. 568, 40 So. 390; Johnson v. Dismukes, 104 Ala. 520, 16 So. 424.

1. Appellant contends, for one thing, as we understand her brief, that the judgment rendered by the justice of the peace was not transmitted to the circuit court. The transcript shows that the justice of the peace, or, more accurately speaking, the judge of the Gadsden inferior court exercising the jurisdiction of a justice of the peace, transmitted to the circuit court a certified statement, among other things that "1927, July 20--Judgment rendered for the plaintiff and against the defendant," and transmitted "all the papers in said case." This, in our judgment, was a compliance with the statute. The judgment was a quasi record not a mere paper, such as the summons and complaint, service of process, fieri facias, and notice of levy, which were transmitted, and the judgment now is that the transmission of a certificate of the judgment rendered was, as to that, a compliance with the statute.

2. Section 8748 provides:

"Record and Writ for Sale of Land.--The clerk of the court in which the motion is made must record all the proceedings before the justice, together with the return of the constable, the motion of the plaintiff, and the order of the court thereon, and must issue a writ directing the sheriff to sell the land for the satisfaction of the judgment."

The transcript of appeal does not show the motion made in ...