Blunt v. Bates
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. James Cobbs. This action was brought by Robert Bates, against Edward A. Blunt; was founded on a promissory note, which was described in the complaint, as “made by said defendant on the 1st day of February, 1864, and payable one day after date, with interest thereon from date and was commenced on the 22d October, 1865. The record does not show what pleas were filed; but the judgment-entry states, that the cause was…
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Appeal from the Circuit Court of Perry. Tried before the Hon. James Cobbs. This action was brought by Robert Bates, against Edward A. Blunt; was founded on a promissory note, which was described in the complaint, as “made by said defendant on the 1st day of February, 1864, and payable one day after date, with interest thereon from date and was commenced on the 22d October, 1865. The record does not show what pleas were filed; but the judgment-entry states, that the cause was tried on issue joined. “On the trial”, as the bill of exceptions states, “ the plaintiff offered to read in evidence to…
1Opinion of the CourtByrd, J.
The main question in this cause is, whether the court below erred in allowing a promissory note, made in February, 1864, as described in the complaint, to be introduced in evidence to the jury, without being stamped, and the stamp cancelled. If it was admissible, the charge of the court is correct; for it fully met the requirements of the rule, that the plaintiff must prove substantially the allegations of the complaint, to entitle himself to a recovery.
The bill of exceptions purports to set out all the evidence introduced on the trial of the cause, and it must, therefore, be considered as…
2Cases cited4 opinions
- St. John v. DiefendorfNew York Supreme Court · 1824
- Knapp v. McBrideSupreme Court of Alabama · 1844
- Pond v. LockwoodSupreme Court of Alabama · 1845
- Smith v. RobinsonSupreme Court of Alabama · 1847
3Cited by4 opinions
- Morris v. McMorrisMississippi Supreme Court · 1870
- Waterbury v. McMillanMississippi Supreme Court · 1872
- Whigham v. PickettSupreme Court of Alabama · 1869
- Jordan v. ThompsonSupreme Court of Alabama · 1880