Hallett v. O'Brien
Supreme Court of Alabama
THE defendant in error declared against the plaintiff’s in the county court of Mobile, for Work and labour done, for goods, wares and merchandise sold and delivered, for money lent and advanced, paid, laid out and expended, for money had and received, and on an account slated. The record informs us that the case was tried on an issue of fact, and that a verdict was thereupon rendered, but it no where appears what the pleas were.
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THE defendant in error declared against the plaintiff’s in the county court of Mobile, for Work and labour done, for goods, wares and merchandise sold and delivered, for money lent and advanced, paid, laid out and expended, for money had and received, and on an account slated. The record informs us that the case was tried on an issue of fact, and that a verdict was thereupon rendered, but it no where appears what the pleas were. On the trial the presiding judge sealed a bill of exceptions, which is as follows, “after the plaintiffs evidence .was closed, the defendants offered in their behalf,…
1Opinion of the CourtCollier, C. J.
— By rule XXII for the regulation of practice in the circuit and county courts, it is provided that “ Reasons in arrest of judgment, and reasons for a new trial, and the affidavits in support thereof, if any are relied on, shall be filed with the clerk, and notice thereof be given to the adverse party one day before the argument. If the cause is tried on the last day of the term, the notice shall be given when the motion is entered. The party making such motion, is entitled to the opening and conclusion of the argument,” &c. [1 Stewart’s Rep. 616 ]
The filing of an affidavit, and the reading…
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