Jordan v. Owen
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. Thomas A. Walker. This action (William E. Jordan v. William F. Owen) was commenced in September, 1854, and was founded on an open account for goods, merchandise, and chattels sold by plaintiff to defendant, and money paid for him and at bis request; the total amount claimed being §165. The defendant pleaded, in short by consent, payment, set-off, and the statute of limitations, with leave to give in evidence…
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. Thomas A. Walker. This action (William E. Jordan v. William F. Owen) was commenced in September, 1854, and was founded on an open account for goods, merchandise, and chattels sold by plaintiff to defendant, and money paid for him and at bis request; the total amount claimed being §165. The defendant pleaded, in short by consent, payment, set-off, and the statute of limitations, with leave to give in evidence any matter which might be specially pleaded. On the trial, as the bill of exceptions states, “ the plaintiff’s counsel…
1Opinion of the CourtRice, J.
Section 2313 of the Code declares, that-“in all suits upon contracts, where the defendant has been personally served with process, where the matter in controversy does not exceed three hundred dollars, the plaintiff is competent to establish the correctness of the demand by his own oath, if the defendant is a resident of the State, unless he in open court denies, upon oath, the truth of the facts proposed to be sworn to by the plaintiff.”
Section 2314 prescribes the manner in which notice must be given of the plaintiff's intention to establish his demand by his own oath.
It is evident that,…
2Cases cited2 opinions
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3Cited by6 opinions
- Moseley's Adm'r v. MastinSupreme Court of Alabama · 1861
- English v. WilsonSupreme Court of Alabama · 1859
- Schwartz v. StateSupreme Court of Alabama · 1861
- Waring v. HenrySupreme Court of Alabama · 1857
- McLendon & Robinson v. HamblinSupreme Court of Alabama · 1859
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