Jarrell v. Lillie
Supreme Court of Alabama
Appeal from the Circuit- Court of Bussell. Tried before the Hon. Eobert Dougherty. This action was brought by Jebiel Lillie, against E. C. Jarrell, and was commenced on tbe 24th August, 1859. The cause of action, as set out in the complaint, consisted of a promissory note executed by the defendant, dated the 9th September, 1850, and payable on the 25th December, 1851, to John Codey or bearer; another note dated the 29th October, 1850, and payable on the 1st January, 1851, to…
Read the full summary
Appeal from the Circuit- Court of Bussell. Tried before the Hon. Eobert Dougherty. This action was brought by Jebiel Lillie, against E. C. Jarrell, and was commenced on tbe 24th August, 1859. The cause of action, as set out in the complaint, consisted of a promissory note executed by the defendant, dated the 9th September, 1850, and payable on the 25th December, 1851, to John Codey or bearer; another note dated the 29th October, 1850, and payable on the 1st January, 1851, to H. Q. Johnson or bearer; an account for goods sold and delivered, due on the 25th December, 1850, in favor of W. E.…
1Opinion of the CourtByrd, J.
The rule of practice adopted at the January term, 1853, (31 Ala. p. v,) does not change any rule of evidence, or impose upon the plaintiff any greater or less burden of proof when the plea is verified as required by the rule. Its effect is, merely to require the plea “to be verified by affidavit” in the particular cases referred to in the rule, and to relieve the plaintiff from the proof of title, if this is not done. It leaves the sufficiency of the proof to establish the interest of the plaintiff in the cause of action to be ascertained by the same principles which were applicable before…
2Cases cited19 opinions
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Dunlap v. RobinsonSupreme Court of Alabama · 1856
- Carter v. Doe ex dem. ChaudronSupreme Court of Alabama · 1852
- Kenan v. HollowaySupreme Court of Alabama · 1849
- Upson v. RaifordSupreme Court of Alabama · 1856
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
- Gachet v. WarrenSupreme Court of Alabama · 1882
- Vandeventer & Co. v. FordSupreme Court of Alabama · 1877
- Marlowe v. BenaghSupreme Court of Alabama · 1875
3 more not listed; retrieve them via the Exa API.