Kennedy v. Young
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. Geo. D. Shortridge. The record in this case is very defectiveit contains, 1st, a declaration in assumpsit, by John R. Chappell against Lewis Kennedy and James Merritt, on a promissory note for $215, the damages being laid at $200; 2d, an affidavit of the loss of the note on which the suit was founded, by a fire in Wetumpka; and, 3d, the judgment entry, which is as follows: “ This day came the parties, by their…
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Appeal from the Circuit Court of Coosa. Tried before the Hon. Geo. D. Shortridge. The record in this case is very defectiveit contains, 1st, a declaration in assumpsit, by John R. Chappell against Lewis Kennedy and James Merritt, on a promissory note for $215, the damages being laid at $200; 2d, an affidavit of the loss of the note on which the suit was founded, by a fire in Wetumpka; and, 3d, the judgment entry, which is as follows: “ This day came the parties, by their attorneys, and the defendants, withdrawing their plea, say nothing in bar or preclusion of the plaintiff’s action; it is…
1Opinion of the CourtChilton, C. J.
The judgment entry in this case shows that the defendants, Kennedy and Merritt, withdrew their plea, and remained undefended, saying nothing in bar or preclusion of the plaintiff’s action, &c., and the court proceeded to render judgment against them for the damages in the declaration mentioned. The declaration which is in the record, and which we must regard as the one on which the judgment was predicated, is not in the name of Bolling Young as guardian of Chappell, but is filed by John R. Chappell in his own name. This is an error of the clerk in introducing the name of Young, and may be…
2Cases cited4 opinions
- Elliott v. Smith & Co. ex rel. HarralsonSupreme Court of Alabama · 1840
- McWhorter v. StandiferSupreme Court of Alabama · 1835
- Patterson v. BurnettSupreme Court of Alabama · 1844
- Derrick v. JonesSupreme Court of Alabama · 1827
3Cited by13 opinions
- Grigg v. GilmerSupreme Court of Alabama · 1875
- Roe v. BrownSupreme Court of Alabama · 1947
- Dane v. McArthurSupreme Court of Alabama · 1876
- Ory-Cohen v. TaylorSupreme Court of Alabama · 1922
- Vaughan v. HigginsSupreme Court of Alabama · 1881
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