Cave ex rel. Wallace v. Burns
Supreme Court of Alabama
Writ of error to the Circuit Court of Dallas. Action before a justice of the peace by Cave, for the use of Wallace, against Burns, to recover a less sum than fifty dollars. After a judgment for the defendant, the plaintiff appealed to the .circuit court where he filed a statement containing the common counts. The defendant pleaded non-assumpsit, want of consideration, and set-off.
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Writ of error to the Circuit Court of Dallas. Action before a justice of the peace by Cave, for the use of Wallace, against Burns, to recover a less sum than fifty dollars. After a judgment for the defendant, the plaintiff appealed to the .circuit court where he filed a statement containing the common counts. The defendant pleaded non-assumpsit, want of consideration, and set-off. At the trial, the plaintiff’s account for fifty dollars, for balance due on a horse swap, was offered to be proved by his own oath; which, on motion of the defendant, the court refused to allow. The defendant…
1Opinion of the CourtGoldthwaite, J.
1. The plaintiff’s offer to prove his claim by his own oath, in our opinion, ought to have been allowed His demand was for fifty dollars, alleged to be due on an exchange of horses. Our statute permits this kind of evidence in all suits on accounts for a sum not exceeding one hundred dollars. [Clay’s Digest, 342, § 161.] The term, account, in this statute does not mean several distinct items, but applies ‘to any demand growing out of an express contract, even if it does not extend to implied ones, between the parties, and which is not evidenced by writing. The demand was not controverted by…
2Cited by11 opinions
- Love v. GibsonSupreme Court of Florida · 1849
- Dees v. Self Bros.Supreme Court of Alabama · 1910
- Faurot v. GatesWisconsin Supreme Court · 1893
- Reader v. HelmsSupreme Court of Alabama · 1876
- Broughton v. RobinsonSupreme Court of Alabama · 1847
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