Legal Opinion

Manning v. Kohn

Supreme Court of Alabama

Decided January 15, 1870PublishedCited by 1 opinion

Appeal from tbe City Court of Montgomery. Tried before Hon. Thos. M. Arrington. This was an action by the payee against the acceptor of a bill of exchange, dated May 11th, 1861, and due four months after date. The complainant claimed damages thereon. Judgment, by default, was rendered for an amount which was equal to the principal, and five per cent, damages thereon at maturity, with interest to the rendition of the judgment.

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Appeal from tbe City Court of Montgomery. Tried before Hon. Thos. M. Arrington. This was an action by the payee against the acceptor of a bill of exchange, dated May 11th, 1861, and due four months after date. The complainant claimed damages thereon. Judgment, by default, was rendered for an amount which was equal to the principal, and five per cent, damages thereon at maturity, with interest to the rendition of the judgment. The errors assigned are : 1st. That the judgment was rendered at a term of the court at which it was not authorized to be rendered. 2d. That the judgment was rendered…

1Opinion of the Court

B. F. SAFFOLD, J.-

This suit was instituted in the city court of Montgomery, on a bill of exchange made ins 1861. The summons was issued February 4th, 1867, executed February 7th, 1867, and returned to a term of the court commenced February 11th, 1867. The judgment was rendered March 28th, 1868, at a term which commenced on the 10th February, 1868, and was by default.

The appellant objects that a period of at least twelve months did not intervene between the return and judgment terms, as required by law.

At the time this suit was begun, an act of the legislature to regulate judicial proceedings…

2Cases cited1 opinion

  1. Hanrick v. Farmers' Bank of ChattahoochieSupreme Court of Alabama · 1839

3Cited by1 opinion

  1. Pavenstedt v. . N.Y. Life Insurance Co.New York Court of Appeals · 1911

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