Foust v. Yielding
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. George D. Shortridge. This action (Samuel Foust v. John Yielding) was .commenced before a justice of the peace, and was founded on an open account for $15 *75. The defendant claimed a set-off of $40, and the justice rendered a judgment in his favor for $20; from which judgment the plaintiff appealed to the circuit court.
Read the full summary
Appeal from the Circuit Court of Blount. Tried before the Hon. George D. Shortridge. This action (Samuel Foust v. John Yielding) was .commenced before a justice of the peace, and was founded on an open account for $15 *75. The defendant claimed a set-off of $40, and the justice rendered a judgment in his favor for $20; from which judgment the plaintiff appealed to the circuit court. The bill of exceptions states the following facts : “ On the trial of this cause, the plaintiff proved his account for $15 *75, due January 1,1854, which was not controverted by the defendant. The defendant then…
1Opinion of the CourtRice, C. J.
The charge of the court below invaded thg province of the jury. It took from them their right to determine the truth of the evidence, and to ascertain the facts. Phillips v. McGrow, 13 Ala. 255; Huff v. Cox, 2 ib. 310; Yarborough v. Jones, 2 ib. 524.
Without considering the other questions raised upon the record, we reverse the judgment, and remand the cause, upon the single ground, that the charge of the court was an invasion of the right of the jury, and that this error is not clearly shown by the record to have been harmless.
2Cases cited1 opinion
- Phillips v. McGrewSupreme Court of Alabama · 1848
3Cited by4 opinions
- Garner v. StateSupreme Court of Florida · 1891
- James v. StateSupreme Court of Alabama · 1945
- David v. MaloneSupreme Court of Alabama · 1872
- Morton v. BradleySupreme Court of Alabama · 1857