Legal Opinion

Patton v. Gilmer

Supreme Court of Alabama

Decided June 15, 1868PublishedCited by 15 opinions

Appeal from the City Court of Montgomery. Tried before Hon. T. M. Arrington. This action was brought by E. M. Patton, as the Governor of the State of Alabama, against Wm.B.

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Appeal from the City Court of Montgomery. Tried before Hon. T. M. Arrington. This action was brought by E. M. Patton, as the Governor of the State of Alabama, against Wm.B. Gilmer and others, and was commenced on the 10th day of November, 1866, in the circuit court of Montgomery, and by consent was transferred to the city court. — (See 41st Alabama Eeports, page 177, et seq., where the complaint is set out in full; also, the act of the legislature under which this contract was made, and which was approved on the 7 th December, 1861.) The defendant’s pleas are as follows: “ Defendants, in…

1Opinion of the CourtByrd, J.

The questions involved in this cause, and which have been argued at length and with unusual ability by the learned counsel in behalf of appellant and appellees, have received the consideration which their magnitude a,nd gravity demanded.

The assignments of error, so far as they are insisted on in the argument of counsel for appellant, will be disposed of in the order presented on the record.

I. Before disposing of each assignment of error we will refer to certain principles of law which we deem applicable and decisive of the most material questions raised by the record.

1. Parol evidence is…

2Cases cited6 opinions

  1. President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
  2. Walker v. Walker'sSupreme Court of Alabama · 1859
  3. Dixon v. BarclaySupreme Court of Alabama · 1853
  4. Lanier v. Br. BankSupreme Court of Alabama · 1851
  5. Belding v. PitkinNew York Supreme Court · 1804

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3Cited by15 opinions

  1. Allen v. City of DetroitMichigan Supreme Court · 1911
  2. Fristoe v. Leon & H. BlumTexas Supreme Court · 1898
  3. State v. ElliottCourt of Appeals of Texas · 1919
  4. Regents of the University System v. BlantonCourt of Appeals of Georgia · 1934
  5. State Land Board v. LeeOregon Supreme Court · 1917

10 more not listed; retrieve them via the Exa API.

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