Nelson v. Manning
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon. Milton J. Saffold, The opinion states the facts. If the note sued on ever became due, it was when the war terminated between the Confederate and United States governments. By express stipulation, it was not payable until peace was concluded and declared. In a legal sense, the state of war or of peace is not a question for the courts to determine.
Read the full summary
Appeal from Circuit Court of Dallas. Tried before Hon. Milton J. Saffold, The opinion states the facts. If the note sued on ever became due, it was when the war terminated between the Confederate and United States governments. By express stipulation, it was not payable until peace was concluded and declared. In a legal sense, the state of war or of peace is not a question for the courts to determine. It is a legal fact, ascertainable only from the decisions of the political department. U. 8. v. Palmer, 3 Wheaton, 610; Luther v. Borden, 7 How. 1; 4 Wheat. 52-497. The proclamation of the…
1Opinion of the CourtBrickell, C. J.
This suit was commenced by the appellee, on an instrument in writing, signed by the intestate of the appellant, for the payment of money to the appellee, in these words :
“$330 00. On or before the first day of January, eighteen hundred and sixty-four, 1864, provided peace is by that time declared between the old United States and the Confederate States, I promise to R. J. Manning, or order, three hundred and thirty dollars, for value received, with interest from the 27th day of November, 1862; but in no event is this Jiote due or payable until peace is concluded and declared as above written.…
2Cases cited1 opinion
- United States v. AndersonSupreme Court of the United States · 1870
3Cited by6 opinions
- Marengo Abstract Co. v. Hooper & Co.Supreme Court of Alabama · 1911
- Hoover v. SandifurWashington Supreme Court · 1946
- Ehrlich v. Barbatsis Holding Co.Supreme Court of Florida · 1953
- Samuels v. United Seamen's Service, Inc.Court of Appeals for the Ninth Circuit · 1948
- Dixie Industrial Co. v. BensonSupreme Court of Alabama · 1918
1 more not listed; retrieve them via the Exa API.