Moore v. Hatfield
Supreme Court of Alabama
Writ of error to the Circuit Court of Marengo county. ACTION of assumpsit on the common counts. The pleas of the defendants do not appear in the transcript; but the cast? was submitted to a jury as on issue joined, and a verdict was returned for the plaintiff, on Which judgment was rendered.
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Writ of error to the Circuit Court of Marengo county. ACTION of assumpsit on the common counts. The pleas of the defendants do not appear in the transcript; but the cast? was submitted to a jury as on issue joined, and a verdict was returned for the plaintiff, on Which judgment was rendered. A bill of exceptions was taken by the defendant, during the progress of the trial, from which it appears that the deposition of one of the plaintiffs was taken by interrogatories to prove the demand, which was an account less than one hundred dollars. The deposition was excepted to, on the ground that it…
1Opinion of the CourtGOLDTIiWAITE, J.
This case involves the construe*443tion of one of the sections of an act, to regulate judicial proceedings, passed in January, 1839. It is in these terms: “ In all suits to be commenced upon accounts, for a sum not exceeding one hundred dollars, the oath of the plaintiff shall be received as evidence of the demand, unless the same be controverted by the oath of the defendant; but this section shall not apply to the case of executors and administrators, trustees and guardians when sued.”
This is a remedial statute, and although in derogation of the common law, is not for that reason, to be…
2Cited by3 opinions
- Ex Parte BrooksSupreme Court of Alabama · 1947
- Yarborough v. HoodSupreme Court of Alabama · 1848
- Douglass v. Montgomery & West Point RailroadSupreme Court of Alabama · 1861