Toulmin v. Hamilton
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the first district. The case made by the bill is this: In the year 1837, one Rufus Green, at Mobile, for the accommodation of Jeremiah Austill, drew four bills of exchange, for ñvo thousand dollars, on Hamilton & Cole, of New York.
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Writ of Error to the Court of Chancery for the first district. The case made by the bill is this: In the year 1837, one Rufus Green, at Mobile, for the accommodation of Jeremiah Austill, drew four bills of exchange, for ñvo thousand dollars, on Hamilton & Cole, of New York. One of these bills is dated 4th February, 1837, at sixty days sight; another the 17th of the same month, at sixty days sightanother the 21st of the same month, at sixty-nine days date; and the last of the same date, at seventy-one days date. The first of these bills was discounted soon after its making, by Toulmin, .Hazard…
1Opinion of the Court
GOLDTHWAITE, L
— 1. It is certain, the writ of error attached to the transcript entirely misdescribesAhe parties to the suit, as it stood when the decree was made, but it is equally certain, that it comes within the provision of the statute, authorizing the amendment by this Court, of writs of error. [Clay’s Dig. 312, § 39.] The original bill, in connection with the supplemental bill, sufficiently discloses who kthe'[parties were, plaintiffs, as well as defendants, at the time of the decree, and the writ of error can be amended by them.
2. We have given an attentive consideration to the case…
2Cases cited2 opinions
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