McLendon & Robinson v. Hamblin
Supreme Court of Alabama
Appeal from tlie Circuit Court of Chambers. Tried before the Hon. Robt. Dougherty. The bill of exceptions in this case is in the following words: “ This was an appeal from a justice’s court, and was tried de novo in the circuit court, on the pleas of non assum/psit and payment.
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Appeal from tlie Circuit Court of Chambers. Tried before the Hon. Robt. Dougherty. The bill of exceptions in this case is in the following words: “ This was an appeal from a justice’s court, and was tried de novo in the circuit court, on the pleas of non assum/psit and payment. The plaintiffs were introduced as witnesses, under section 2779 of the Code, and swore to the sale and delivery of the goods, as charged in the complaint and shown by their books, and that their said account was just and correct, and unpaid. The defendant was then sworn as a.witness, under the same statute, and…
1Opinion of the Court
A. J. "WALKER, C. J.
As a general rule, the onus of proof of a payment is upon the defendant who pleads payment, and consequently it does not usually devolve upon the plaintiff to negative the alleged payment by the defendant. ¡Section 2813 of the Code, under the decision in Jordan v. Owen, 27 Ala. 152, establishes an exception to the general rule, so far as to make the negation of payment an element in the establishment by the plaintiff of “the correctness” of his demand by his own oath. The decision of Jordan v. Owen rests upon the peculiar language of the statute, and the unreasonableness…
2Cases cited1 opinion
- Jordan v. OwenSupreme Court of Alabama · 1855
3Cited by4 opinions
- Blass v. LawhornSupreme Court of Arkansas · 1897
- Kendall v. BrownsonSupreme Court of New Hampshire · 1866
- Deming's Adm'r v. HamilSupreme Court of Alabama · 1863
- Hamblin v. McLendonSupreme Court of Alabama · 1861