Petty v. Dill
Supreme Court of Alabama
APPEAL from Circuit Court of Barbour. Tried before Hon. J. McCaleb Wiley. The appellee, Dill, sued the appellant, Petty, to recover the penalty given by statute for failure to enter satisfaction of a mortgage, which Dill had executed to Petty’s firm, Petty & Son, of which Petty was the surviving member, at the time the mortgage debt was paid and satisfaction demanded.
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APPEAL from Circuit Court of Barbour. Tried before Hon. J. McCaleb Wiley. The appellee, Dill, sued the appellant, Petty, to recover the penalty given by statute for failure to enter satisfaction of a mortgage, which Dill had executed to Petty’s firm, Petty & Son, of which Petty was the surviving member, at the time the mortgage debt was paid and satisfaction demanded. The bill of exceptions shows that the defendant demurred to the complaint, on various grounds set out in the bill of exceptions, and that the court overruled the demurrer; but the demurrer and judgment thereon do not appear…
1Opinion of the CourtBrickell, C. J.
Bills of exception in civil or criminal cases were unknown to the common law. They derive their existence from statutory provisions. Ned v. State, 7 Port. 187; Bounce v. State, 8 Port. 458; Rollater v. Rollater, 52 Ala. 111. At common law a writ of error would not lie except for error apparent on the record .; and therefore, if plaintiff or defendant alleged anything ore tenus, which was overruled by the judge, the party aggrieved was without redress. 2 Phill. Ev. 996. To remedy this defect the English Parliament enacted statutes, from which bills of exception originated. These statutes have…
2Cases cited8 opinions
- Ned v. StateSupreme Court of Alabama · 1838
- Vincent v. RogersSupreme Court of Alabama · 1857
- McDonnell v. Branch Bank at MontgomerySupreme Court of Alabama · 1852
- Callahan v. BoazmanSupreme Court of Alabama · 1852
- Bourne v. StateSupreme Court of Alabama · 1839
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Ex parte KnightSupreme Court of Alabama · 1878
- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
- Garrett v. Gadsden Cooperage Co.Supreme Court of Alabama · 1923
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
35 more not listed; retrieve them via the Exa API.