Legal Opinion

Hale v. Brown

Supreme Court of Alabama

Decided January 15, 1847PublishedCited by 5 opinions

Error to the County Court of Dallas. Assumpsit by Brown against Hale and others, as the administrators of William C. Woods. The declaration counts on a note made by the intestate on the 29th June, 1840, for $2221, payable one day after date to the plaintiff, or bearer, and also to recover $3000, alleged to be due for work and labor, &c. The defendants pleaded non assumpsit, set-off", statute of non-claim, statute of limitations, and other pleas.

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Error to the County Court of Dallas. Assumpsit by Brown against Hale and others, as the administrators of William C. Woods. The declaration counts on a note made by the intestate on the 29th June, 1840, for $2221, payable one day after date to the plaintiff, or bearer, and also to recover $3000, alleged to be due for work and labor, &c. The defendants pleaded non assumpsit, set-off", statute of non-claim, statute of limitations, and other pleas. The suit was commenced the 26th of June, 1842. At the trial the plaintiff put in the note described in the declaration, as well as evidence to prove…

1Opinion of the CourtGoldthwaite, J.

1. From the facts stated in this bill of exceptione, the case evidently belongs to that class in, which a jury is rarely, if ever, mistaken upon the merits, unless led astray by some misconception of the law which should govern it, and therefore their verdict ought not to be disturbed, when the error is not entirely apparent. Several of the charges refused by the court, as well as one of the matters ruled at the trial, may involve abstract error, but. which, however, vanishes when the whole case is considered, except in one particular.

The first point insisted on by the counsel, for the…

2Cases cited3 opinions

  1. Copeland v. ClarkSupreme Court of Alabama · 1841
  2. McElroy v. McElroySupreme Court of Alabama · 1843
  3. Marston v. ForwardSupreme Court of Alabama · 1843

3Cited by5 opinions

  1. Holland v. BarnesSupreme Court of Alabama · 1875
  2. Wilkie v. SassenSupreme Court of Iowa · 1904
  3. Wright v. WallerSupreme Court of Alabama · 1900
  4. Scott v. Coxe's Adm'rsSupreme Court of Alabama · 1852
  5. Stewart v. ConnerSupreme Court of Alabama · 1848

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