Legal Opinion

Eason v. Isbell

Supreme Court of Alabama

Decided January 15, 1868PublishedCited by 4 opinions

Appeal from tbe Circuit Court of Talladega. Tried before Hon. John Henderson. This action was brought by tbe appellee against tbe appellant ; was commenced on tbe 26th day of April, 1366, and was founded on a bill of exchange for $1,000, drawn by tbe appellant, on, and accepted by one P. M. Thomason, in favor of and endorsed by Taul Bradford, dated December 26th, 1860, at sixty days, payable at tbe office of James Isbell, Talladega, Alabama.

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Appeal from tbe Circuit Court of Talladega. Tried before Hon. John Henderson. This action was brought by tbe appellee against tbe appellant ; was commenced on tbe 26th day of April, 1366, and was founded on a bill of exchange for $1,000, drawn by tbe appellant, on, and accepted by one P. M. Thomason, in favor of and endorsed by Taul Bradford, dated December 26th, 1860, at sixty days, payable at tbe office of James Isbell, Talladega, Alabama. The facts, as set out in tbe bill of exceptions, are sufficiently stated in tbe opinion of the court. Tbe charge of tbe court excepted to by tbe…

1Opinion of the CourtJudge, J.

The bill of exceptions states that, “to the reading of the bill of exchange and the protest as evidence to the jury, the defendant objected severally, on the ground that Robert H. Isbell, the notary public who made the protest is a son of James Isbell, the plaintiff; that the plaintiff admitted that said Robert H. Isbell is a son of James Isbell, the plaintiff; and that the defendant also objected to said protest on the ground that it was otherwise insufficient.”

No specific objection was made to the introduction of the evidence, on the ground of a variance between the bill as described in the…

2Cases cited5 opinions

  1. Walker v. BlassingameSupreme Court of Alabama · 1850
  2. Creagh v. SavageSupreme Court of Alabama · 1846
  3. King v. PopeSupreme Court of Alabama · 1856
  4. Evans v. St. JohnSupreme Court of Alabama · 1839
  5. Parke v. LowrieSupreme Court of Pennsylvania · 1843

3Cited by4 opinions

  1. Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
  2. Dunaway v. RodenAlabama Court of Appeals · 1916
  3. Hooper v. HerringAlabama Court of Appeals · 1915
  4. McKinley Music Co. v. LewisAlabama Court of Appeals · 1920

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