Goss v. Davis
Supreme Court of Alabama
Error to the Circuit Court of Macon. Tried before the Hon. Robert Dougherty. This was a joint action against several defendants. It was erroneous for the justice to render two distinct judgments; one in favor of Davis against ¡John J. and Mary E. Magee on the 2oth May, 1850, and the other in favor of Sarah Goss against David Davis, on the 10th August, 1850. True v. Clark, 3 Bibb, 295; Edwards v. Lewis, 18 Ala. 494; Prewitt v. Caruthers, 7 How.
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Error to the Circuit Court of Macon. Tried before the Hon. Robert Dougherty. This was a joint action against several defendants. It was erroneous for the justice to render two distinct judgments; one in favor of Davis against ¡John J. and Mary E. Magee on the 2oth May, 1850, and the other in favor of Sarah Goss against David Davis, on the 10th August, 1850. True v. Clark, 3 Bibb, 295; Edwards v. Lewis, 18 Ala. 494; Prewitt v. Caruthers, 7 How. Miss. 304; 6 Black. 485. This error was not cured by an appeal to the Circuit Court; for, although the proceedings in the Circuit Court are de novo,…
1Opinion of the CourtPhelan, J.
— David Davis sued Sarah Goss, John J. Magee and his wife Mary E. Magee, formerly Mary E. Goss, before a justice of the peace, as joint makers of a promissory note. Magee and wife made no defence, and judgment was rendered against them by the justice on the 25th May, 1850, for the amount of the note and interest, and in favor of the other defendant Sarah Goss, who had pleaded non esi facium, against Davis for costs. Davis, under the statute, took an appeal to a jury. On the 11th August, the case between David Davis and Sarah Goss was submitted to a jury, who returned a verdict in favor of…
2Cases cited3 opinions
- Jenkins v. CauleySupreme Court of Alabama · 1827
- Taylor v. AcreSupreme Court of Alabama · 1845
- Hancock v. HolmesSupreme Court of Alabama · 1841
3Cited by6 opinions
- Little v. StateAlabama Court of Appeals · 1948
- United States Health & Accident Ins. v. HillAlabama Court of Appeals · 1913
- Whitaker v. Van HornSupreme Court of Alabama · 1869
- Fennell v. MastersonSupreme Court of Alabama · 1869
- Ex parte WilsonAlabama Court of Appeals · 1954
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