Bates v. Terrell
Supreme Court of Alabama
Writ of error to the Clerk of the County Court of Sumter, This was an action of assumpsit at the suit of the defendant in error against the plaintiff, on a promissory note, dated the 11th of August, 1S36, for the payment of seven hundred dollars on the first day of January, 1838. The defendant pleaded non assumpsit, want of consideration, and failure of consideration ; and on these pleas issues were joined and the cause tried by a jury, who returned a verdict for the…
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Writ of error to the Clerk of the County Court of Sumter, This was an action of assumpsit at the suit of the defendant in error against the plaintiff, on a promissory note, dated the 11th of August, 1S36, for the payment of seven hundred dollars on the first day of January, 1838. The defendant pleaded non assumpsit, want of consideration, and failure of consideration ; and on these pleas issues were joined and the cause tried by a jury, who returned a verdict for the plaintiff for the amount of the note and interest, and judgment was rendered accordingly. On the trial the defendant excepted…
1Opinion of the CourtCollier, C. J.
The distinction between the admissibility and sufficiency of evidence has been repeatedly recognized by us; and where evidence tends to establish some material fact put in issue by the pleadings, it is prima facie competent. It frequently happens that a party can only make out his case by proving several distinct facts, either of which would be insufficient to lead the mind to a conclusion. In such case, all *132that should be required., is to show the pertinency of the proof... That the time of the Court may not be uselessly employed, or .the adverse party prejudiced by the introduction of…
2Cases cited2 opinions
- Hammond v. HoppingNew York Supreme Court · 1835
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
3Cited by5 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Dothard v. DensonSupreme Court of Alabama · 1882
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Reynolds v. BryantSupreme Court of Alabama · 1967
- Sanders v. StokesSupreme Court of Alabama · 1857