Myatts & Moore v. Bell
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. W. D. Bragg, as special judge, selected by tbe parties on account of the incompetency of the presiding judge.
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Appeal from the Circuit Court of Perry. Tried before the Hon. W. D. Bragg, as special judge, selected by tbe parties on account of the incompetency of the presiding judge. This action was brought by "William Bell, against Mark A. Myatt, John H. Myatt, and William T. Moore, as partners composing the firm of Myatts & Moore; was commenced on the 16th October, 1835; and was founded on a promissory note for seven thousand four hundred and seventy-six 65-100 dollars, executed in the name of said partnership, dated the 1st January, 1858, and payable to the order of the plaintiff, on the 1st January,…
1Opinion of the CourtByrd, J.
(After stating the facts as above.) The evidence tended to prove other facts, and, to some extent, to oppugn those above stated. But, we have set forth as many of the facts which the evidence tended to prove, as we conceive necessary for the determination of the questions raised by the charges given and those refused by the court.
1. The charges verbally asked, and refused by the court, were properly refused, as they were not in writing, as required by section 2355 of the Code. This disposes of the *231charges numbered 2, 4, and 6. No. 5 does not appear on its face, or otherwise, to have been “in…
2Cases cited3 opinions
- Lee's Adm'rs v. FontaineSupreme Court of Alabama · 1846
- Lowther v. ChappellSupreme Court of Alabama · 1845
- Cunningham v. Bragg & Co.Supreme Court of Alabama · 1861
3Cited by23 opinions
- Keel v. LarkinSupreme Court of Alabama · 1882
- Espy v. ComerSupreme Court of Alabama · 1884
- Conrad v. BuckWest Virginia Supreme Court · 1883
- Barnett v. WaddellSupreme Court of Alabama · 1946
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1891
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