Grant v. Cole & Co.
Supreme Court of Alabama
Error to the County Court of Dallas. Assumpsit by the defendants, against the plaintiff in error, upon anote for $59 56, and an open account for $109. From a bill of exceptions it appears, that the plaintiff read the note to the jury, and proved by a witness $39 38 of the account, and abandoning all the account over one hundred dollars, offered to prove by his own oath, all the items of the account not proved by the witness.
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Error to the County Court of Dallas. Assumpsit by the defendants, against the plaintiff in error, upon anote for $59 56, and an open account for $109. From a bill of exceptions it appears, that the plaintiff read the note to the jury, and proved by a witness $39 38 of the account, and abandoning all the account over one hundred dollars, offered to prove by his own oath, all the items of the account not proved by the witness. This was objected to by the defendant, but the court overruled the objection, and permitted the evidence to be given, to which he excepted, and which he assigns for…
1Opinion of the CourtOrmond, J.
The statute under which the plaintiff was examined as a witness, provides, “ that in all suits to be commenced upon accounts for a sum not exceeding one hundred *367dollars, the oath of the plaintiff shall be received as evidence of the demand; unless the same shall be controverted by the oath of the defendant.” [Clay’s Dig. 342, § 161.] The objection that the act does not apply where the suit is brought upon a note, as well as an account, cannot be sustained. We can perceive no reason whatever for thus limiting its operation. The suit is not the less upon an account, that the amount of a note is…
2Cases cited1 opinion
- King v. DoughertySupreme Court of Alabama · 1830