
    Illinois Central R. R. Co. v. Burleson.
    
      Damage for Delay in Delivering Goods.
    
    (Decided May 9, 1912.
    Rehearing denied May 28, 1912.
    59 South. 230.)
    
      Appeal ancl Error; Decisions Reviewable; Void Judgment.— Where the transcript shows that the summons and complaint were originally filed in the Justice Court in a cause in which the Circuit Court had no original jurisdiction, and fails to show any statement returned to the circuit court by the justice, or any judgment rendered by him or any appeal bond, and fails to indicate in any other way that the Circuit Court was exercising appellate jurisdiction, an appeal from such judgment will be dismissed because taken from a void judgment.
    Appeal from Marion Circuit Court.
    Heard before Hon. C. P. Almon.
    Action by W. T. Burleson against the Illinois Central Railroad Company for damages for failure to deliver freight. Judgment for plaintiff and defendant appeals.
    Appeal dismissed.
    Davis & Fite, for appellant.
    Counsel discuss the assignments of error W/ith citation1, of authority, and on application for rehearing insist that the appeal bond Avas a sufficient transcript to give the circuit court jurisdiction to proceed Avith the trial, and that, therefore, the submission should be set aside and certiorari granted to bring up a proper transcript. — Hardee v. Abraham, 183 Ala. 341.
    E. B. & K. Y. Fite, for appellee.
    Counsel discuss the assignments of error on the merits, but also insist that the appeal should be dismissed, because taken from a void judgment. — Gunter v. Mason, 125 Ala. 644.
   PELHAM, J.

The .transcript in this case shows that the summons and complaint filed in the circuit court was originally filed in the court of a justice of the peace. The amount claimed is below the original jurisdiction of the circuit court, but the transcript contains nothing showing that the circuit court was exercising appellate jurisdiction and trying the case de novo on appeal from a judgment rendered in the justice’s court.

The amount claimed by the appellee in the complaint ($20) is as damages for the failure of appellant' to deliver a cook stove delivered to it in- the due course, of business as a comman carrier. The transcript contains no statement returned to the clerk of the circuit court signed by the justice of the peace of the case or of any judgment rendered by him (Code §4716), nor does the transcript show an appeal bond. There is nothing in the transcript to show that the case was appealed from a judgment rendered by the justice, or that such a judgment was in fact rendered, and as the court is not shown to have been exercising appellate jurisdiction and was without original jurisdiction to act in the premises (Code, § 3255, subd. 1), there is no legal judgment to sustain the appeal, and a dismissal must be ordered.—Gunter v. Mason, 125 Ala. 644, 27 South. 843.

Appeal dismissed.  