Lucas v. Hitchcock
Supreme Court of Alabama
Error to the Circuit Court of Mobile County. This was an action of assumpsit commenced in the Circuit Court of Mobile County, by the plaintiff in error against the defendant in error.
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Error to the Circuit Court of Mobile County. This was an action of assumpsit commenced in the Circuit Court of Mobile County, by the plaintiff in error against the defendant in error. At the Fall term, 1838, a judgment was rendered, in favor of thede fendant in the following words: This day came the parties by their attornies, and thereupon came a jury, &c., who on their oaths do say, we, the jury find for the defendant; and assess his damages to twelve hundred and ninety-one dollars, over and above the claim of the said plaintiff. Therefore it is considered by the Court, that the plaintiff…
1Opinion of the CourtOrmond, J.
-In this case a judgment has been rendered for a sum of money, in favor of the defendant and no plea is found in the record. A certiorari to perfect the record, has been sent to the clerk of the Court, by which the judgment was rendered; and he has returned, that no plea after diligent search in his office can be found. The statute of set off, Aikin’s Digest 281, provides that, “ if it appear to the jury that the plaintiff is overpaid, then they shall give in their verdict for the defendant, and withal certify to the Court, how much they find the plaintiff to be indebted or in arrear to the…
2Cases cited2 opinions
- Wheeler v. BullardSupreme Court of Alabama · 1838
- Price v. CheversSupreme Court of Alabama · 1839
3Cited by10 opinions
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Pryor v. BeckSupreme Court of Alabama · 1852
- Bancroft v. StantonSupreme Court of Alabama · 1845
- Gray v. RaibornSupreme Court of Alabama · 1875
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