Legal Opinion

Fickling v. Brewer

Supreme Court of Alabama

Decided January 15, 1863PublishedCited by 4 opinions

Appeal from the Circuit Court of Butler. Tried before the Hon. Nat. Cook. This action was brought by John R. Brewer, against Mrs. Frances Fickling; was commenced in a justice’s court, and thence transferred by appeal, at the instance of the defendant, to the circuit court, where the plaintiff filed a complaint, claiming of the'defendant the amount of an account for certain necessary articles of family supply furnished to her during coverture; alleging that she was a married…

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Appeal from the Circuit Court of Butler. Tried before the Hon. Nat. Cook. This action was brought by John R. Brewer, against Mrs. Frances Fickling; was commenced in a justice’s court, and thence transferred by appeal, at the instance of the defendant, to the circuit court, where the plaintiff filed a complaint, claiming of the'defendant the amount of an account for certain necessary articles of family supply furnished to her during coverture; alleging that she was a married woman at the time, and that she owned a separate estate under the provisions of the Code. On the trial in the circuit…

1Opinion of the CourtStone, J.

The assignments of error raise no question on the sufficiency of the complaint, the admissibility of evidence, or the judgment rendered in this cause. Hence, what we say in this opinion is not to be construed as committing us upon any of these propositions. See Rodgers v. Brazeale, 34 Ala. 512,

The only error assigned is, that “there is manifest error *686in this, that the court erred as is shown in the bill of exceptions.” The bill of exceptions shows only two matters to which the defendant excepted— 1st, the court refused to charge the jury, at the instance of the defendant, “ that a note having…

2Cases cited3 opinions

  1. Doe ex dem. School Commissioners v. GodwinSupreme Court of Alabama · 1857
  2. English's Ex'r v. McNair's Admr'sSupreme Court of Alabama · 1859
  3. Rodgers' Adm'r v. BrazealeSupreme Court of Alabama · 1859

3Cited by4 opinions

  1. McWilliams v. PhillipsSupreme Court of Alabama · 1881
  2. First Nat. Bank v. NewtonSupreme Court of Colorado · 1887
  3. Southern Surety Co. v. Mobile Nat. BankSupreme Court of Alabama · 1931
  4. May v. LewisSupreme Court of Alabama · 1867

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