Collins v. Boyd
Supreme Court of Alabama
Error to the Circuit Court of St. Clair. Before the Hon. G. D. Shortridge. Assumpsit for money paid, laid out and expended by the defendant in error.
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Error to the Circuit Court of St. Clair. Before the Hon. G. D. Shortridge. Assumpsit for money paid, laid out and expended by the defendant in error. On the trial, the plaintiff introduced evidence which shows, that in the year 1831, Benjamin Smith, who sued for the use of Gilbert Shearer, recovered a judgment at law against Joel Chandler, for $520 23; also, that in the same year, Gilbert Shearer recovered a judgment against Joel Chandler, for $248 56 ; to reverse which, Joel Chandler sued out writs of error to the supreme court, and entered into bond with the defendant, Samuel Boyd, as his…
1Opinion of the CourtDargan, J.
It is contended, that under the evidence introduced by the defendant in error, the question, whether Chandler, in his lifetime, had paid off and settled the judgments in full, should have been left to the jury to determine; because the lapse of time between the issuance of the first execution in 1832, and the second execution in 1844, being more than ten years, and Chandler having lived until 1839, the presumption of law is, that he had paid the judgments ; and whether the evidence was sufficient to repel this presumption, was a question to be determined by the jury.
The act which is relied on…
2Cases cited1 opinion
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1848
3Cited by3 opinions
- Grayson v. SchwabSupreme Court of Alabama · 1938
- Daily v. BurkeSupreme Court of Alabama · 1856
- McMahan v. CrabtreeSupreme Court of Alabama · 1857