Dunn v. Tillotson
Supreme Court of Alabama
Error to Wilcox Circuit court. Assumpsit on a promissory note. , The action was assumpsit, by the defendant in error, as endorsee of a promissory note, against the plaintiff in error, as maker. From an inspection of the record, it appears that the plaintiff below filed a declaration, to which the defendant pleaded “ non-assumpsit,” in short, by consent.
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Error to Wilcox Circuit court. Assumpsit on a promissory note. , The action was assumpsit, by the defendant in error, as endorsee of a promissory note, against the plaintiff in error, as maker. From an inspection of the record, it appears that the plaintiff below filed a declaration, to which the defendant pleaded “ non-assumpsit,” in short, by consent. At the Fall term, eighteen hundred'and thirty-seven-, of the court, the plaintiff submitted to a non-suit, which at the same term, was on motion, set aside. An amended declaration was afterwards filed, to which there was no plea; and at the…
1Opinion of the CourtOrmond, J.
The answer to the ' two first assignments of error is, that it .appears from the record, that the plaintiff in error appeared, and waived making any defence to the action, and thereby precluded himself from objecting to the regularity of the previous proceeding, if indeed any such existed, which is not shown by the record.
Upon a calculation of the interest due on the note sued on, at the time of the rendition of the judgment, it appears that the judgment was1 rendered for fourteen cents too much. It appears to us, that this is a very proper case for the application of the. maxim, clo minimus…
2Cited by1 opinion
- Eaton v. P. W. & T. R. HarrisSupreme Court of Alabama · 1868