Towns v. Riddle
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega County. Action of assumpsit on twenty-seven promissory notes, each for the sum of fifty dollars, dated the 27th February, 1836, and payable on the 25th December then next.
Read the full summary
Writ of error to the Circuit Court of Talladega County. Action of assumpsit on twenty-seven promissory notes, each for the sum of fifty dollars, dated the 27th February, 1836, and payable on the 25th December then next. The defendant pleaded, 1. Non-assumpsit. 2. That the notes sued on were made by Conner and Walker as principals, and one Sylvanus Walker, and the defendant as sureties; that after the maturity of the notes, the defendant gave to the plaintiff a verbal notice to sue the makers thereof, which the plaintiff failed to do ; that at the time of the said notice, the principals in the…
1Opinion of the CourtGoldthwaite, J.
I. We cannot examine the question, which is presented by 1 he bill of exceptions in relation to the course pursued in permitting the defendant to examine witnesses, after the plaintiff had closed his rebutting evidence, for the purpose of revising the action of the Court, because the course of trial is entirely within the discretion of the Court; and because it is impossible for any revising tribunal constituted of judges, different from those, who preside in the Circuits to ascertain whether the particular proceeding complained of, is calculated to advance or defeat the justice of the case.…
2Cases cited1 opinion
- Sims v. Adm'r of SimsSupreme Court of Alabama · 1839
3Cited by9 opinions
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Lewis v. StateSupreme Court of Alabama · 1889
- Gayle v. BishopSupreme Court of Alabama · 1848
4 more not listed; retrieve them via the Exa API.