Legal Opinion

Tracey, Irwine & Co. v. Warren

Supreme Court of Alabama

Decided January 15, 1871Published

Appeal from Circuit Court of Barbour. Tried before Hou. J. McOaleb Wiley. The point decided appears sufficiently in the opinion.

1Opinion of the CourtPeck, C. J.

This court will presume in favor of the correctness of the ruling and judgment of the court below, unless the error or errors assigned are made to appear affirmatively on the record.

In this case, the action is brought on a promissory note. The record shows the parties went to the jury on the issue joined, but there is no plea appearing in the record; so we cannot know what the issue was. The defendant offered to prove that the sole consideration of the note was for the hire of negroes in the year 1864. The plaintiff objected to the admissibility of this evidence, without stating why it was…

2Cases cited3 opinions

  1. Gaines v. HarvinSupreme Court of Alabama · 1851
  2. Brewer v. Strong's Ex'rsSupreme Court of Alabama · 1847
  3. Greene v. TimsSupreme Court of Alabama · 1849

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