Stephens v. Brodnax
Supreme Court of Alabama
Weit of Error to the Circuit Court of Lowndes. This was an action of assumpsit, brought by the defendants in error against the plaintiff, as one of the partners in a late mercantile concern, doing business under the style of Jacob H. McMi-chael & Co. The declaration contains all the common counts ; and the cause was tried by jury as on issue joined, (though there is no plea in the record,,) and a verdict was found for the plaintiffs below for the sum of fifteen hundred and…
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Weit of Error to the Circuit Court of Lowndes. This was an action of assumpsit, brought by the defendants in error against the plaintiff, as one of the partners in a late mercantile concern, doing business under the style of Jacob H. McMi-chael & Co. The declaration contains all the common counts ; and the cause was tried by jury as on issue joined, (though there is no plea in the record,,) and a verdict was found for the plaintiffs below for the sum of fifteen hundred and forty-nine 93-100 dollars; on which a judgment was rendered. Thereupon the defendant moved for a new trial; on which the…
1Opinion of the CourtCollier, C. J.
1. From the order in relation to a new trial, we leam that the defendant did not object to a judgment against him for eight hundred dollars, not that he was willing to submit to a recovery for that amount and take the chances of a second trial as to the residue of the plaintiff’s demand, either with or without the condition annexed by the court. If the plaintiffs would not consent to take that sum as the amount of the judgment, then he moved the court to set aside the verdict, that the cause might.be re-tried in toto. The order made was materially different from that asked, and its efficacy…
2Cases cited1 opinion
- President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
3Cited by5 opinions
- Edwards v. LewisSupreme Court of Alabama · 1850
- Rhea v. TuckerSupreme Court of Alabama · 1876
- Abraham & Brother v. NunnSupreme Court of Alabama · 1868
- Ex parte BeaversSupreme Court of Alabama · 1859
- Collier v. HendersonSupreme Court of Alabama · 1888