Hall v. Nix
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pea.rce. Trover by Ed. Nix against F. Y. Hall. Judgment for plaintiff, and defendant appeals. Tbe facts are sufficiently stated in tbe opinion of tbe court. Tbe court refused a charge to defendant that, if tbe jury believe tbe evidence, they cannot find judgment against defendant for more than $40.90, for interest and damages.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pea.rce. Trover by Ed. Nix against F. Y. Hall. Judgment for plaintiff, and defendant appeals. Tbe facts are sufficiently stated in tbe opinion of tbe court. Tbe court refused a charge to defendant that, if tbe jury believe tbe evidence, they cannot find judgment against defendant for more than $40.90, for interest and damages. He gave a charge for plaintiff to find fob the plaintiff, if they believe the evidence, for $124.90 and interest. A debtor may direct how all payments shall be made and he may show his intentions in this respect…
1Opinion of the CourtDenson, J.
Plaintiff filed interrogatories to the defendant (who is a resident of the state), in conformity with the statute (Code 1896, § 1850). On May 4, 1907, on motion of the plaintiff, a judgment by default was entered by the court against the defendant for failure to answer the interrogatories. The proof made on the motion is recited in the judgment entry, and covers every fact necessary to be shown under the statute to give the court jurisdiction to render the judgment. The proof being sufficient, and the rendition of the judgment being a matter within the discretion of the court, the action by…
2Cases cited5 opinions
- McCurdy v. MiddletonSupreme Court of Alabama · 1886
- Washington County v. PorterSupreme Court of Alabama · 1900
- Alabama Great Southern Railroad v. Moore & StephensSupreme Court of Alabama · 1895
- Curry v. WilsonSupreme Court of Alabama · 1872
- Louisville Jeans Clothing Co. v. LischkoffSupreme Court of Alabama · 1895
3Cited by5 opinions
- Oliver v. TownsSupreme Court of Alabama · 1999
- Garnett v. ScottSupreme Court of Alabama · 1922
- Isbell v. ElsberryCourt of Civil Appeals of Alabama · 2001
- Oliver v. TownsSupreme Court of Alabama · 1999
- Pugh Brothers Company v. MaranoSupreme Court of Rhode Island · 1921