Vincent v. Rogers
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before tlie Hon. Robebt Doughebty. This action was brought by Sarah J. Vincent against Mills Rogers, and was founded on a writing which was in these words : “Washington, Ala., January 1, 1844. “This is to certify, that Joseph Ii.
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Appeal from the Circuit Court of Autauga. Tried before tlie Hon. Robebt Doughebty. This action was brought by Sarah J. Vincent against Mills Rogers, and was founded on a writing which was in these words : “Washington, Ala., January 1, 1844. “This is to certify, that Joseph Ii. Vincent deposited in my hands four hundred dollars on the 1st May, 1842, for the use and-benefit of Sarah J. Vincent, to be kept for her use and benefit; which amount of money is to bear the lawful intei’est of eight per cent, per annum. And it is agreed, at the same time, that I am to furnish the said Sarah J. Vincent…
1Opinion of the CourtStone, J.
The judgment entry recites, that the circuit court sustained the defendant’s demurrer to the amended declaration, and thereupon the plaintiff took a nonsuit. The bill of exceptions states, that the court sustained the defendant’s objection to the written testimony offered by plaintiff; that plaintiff excepted, and took a nonsuit. It is thus seen that there is a palpable conflict between the judgment entry and the bill of exceptions. The rule of law, in such cases, is, that the latter centrols the former. — Landreth v. Landreth, 9 Ala. 430.
The record being thus construed, we are restricted in…
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