Legal Opinion

Murrah v. Branch Bank at Decatur

Supreme Court of Alabama

Decided January 15, 1852PublishedCited by 8 opinions

Ebror to the Circuit Court of Morgan. Tried before tbe Hon. S. C. Posey. This was a motion by tbe Bank for judgment against tbe plaintiff in error, on a promissory note of which the following is a copy: “We, Amos B. Murrah, as principal, and Wm.

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Ebror to the Circuit Court of Morgan. Tried before tbe Hon. S. C. Posey. This was a motion by tbe Bank for judgment against tbe plaintiff in error, on a promissory note of which the following is a copy: “We, Amos B. Murrah, as principal, and Wm. H. Sale and Murrah & Gamble, as securities, jointly and severally promise to pay to .the Branch of the Bank of the State of Alabama at Decatur, two thousand dollars, payable as follows : twenty-five per cent, on the 30th day of June, 1838 ; thirty-seven and a half per cent, on the 30th day of June, 1839; and the balance on the 30th day of June, 1840;…

1Opinion of the CourtGoldthwaite, J.

The record in this case shows a "bill of exceptions signed and sealed in term time. There are 'also additional exceptions, which appear to have been taken on the trial of the same cause, but which are entirely discon•nected from the first bill-of exceptions, are without date, and *398with nothing on tbeir face to indicate at wbat time they were signed. The case of Kitchens v. Moye, 17 Ala. Rep. 143, is conclusive to the point, that the record must show affirmatively, that the bill of exceptions was signed before the adjournment of court, or within ten days thereafter, by the written consent of…

2Cases cited4 opinions

  1. Hatchett v. GibsonSupreme Court of Alabama · 1848
  2. Litchfield v. FalconerSupreme Court of Alabama · 1841
  3. Kitchen v. MoyeSupreme Court of Alabama · 1849
  4. Melton v. TroutmanSupreme Court of Alabama · 1849

3Cited by8 opinions

  1. Wilkinson v. MoseleySupreme Court of Alabama · 1857
  2. Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1856
  3. Underwood v. LovelaceSupreme Court of Alabama · 1878
  4. Gibson v. HatchettSupreme Court of Alabama · 1854
  5. Newton v. JacksonSupreme Court of Alabama · 1853

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