Carson v. Bank of Alabama
Supreme Court of Alabama
Whit of Error to the County Court of Tuscaloosa County.’ This action was commenced as a summary proceeding, by-motion under the statute in, which the Bank recovered the amount of a bill of exchange, dated at Tuscaloosa, and payable in New Orleans, from Carson, as its drawer.
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Whit of Error to the County Court of Tuscaloosa County.’ This action was commenced as a summary proceeding, by-motion under the statute in, which the Bank recovered the amount of a bill of exchange, dated at Tuscaloosa, and payable in New Orleans, from Carson, as its drawer. The judgment of the Court was given on a demurrer to evidence, and the proof is admitted to be sufficient, except so far. as it relates to the notice of nonpayment, supposed to have been given to the defendant. The proof in connection with this matter as disclosed by the demurrer was, firstly, the protest of the bill…
1Opinion of the CourtGoldth Waite, J.
1. At first we were strongly inclined to think that the record did not disclose any evidence which could properly warrant a jury in coming to the conclusion that notice of the nonpayment of this bill was sent from New Orleans to Tuscaloosa, but subsequent examination and reflection has satisfied us our first impressions were incorrect.
Upon a demurrer to evidence, the'Court does not stand in the place of a jury, to render such a judgment as the jury ought to have done, but to render one against the defendant if the jury, from the evidence, could legally have done so.— [Young v. Foster, 7…
2Cases cited2 opinions
- Stephenson v. PrimroseSupreme Court of Alabama · 1838
- Young v. FosterSupreme Court of Alabama · 1838
3Cited by15 opinions
- Milton v. RowlandSupreme Court of Alabama · 1847
- Shelton v. CarpenterSupreme Court of Alabama · 1877
- Boyd v. GilchristSupreme Court of Alabama · 1849
- Shaw v. WhiteSupreme Court of Alabama · 1856
- Carter v. OdomSupreme Court of Alabama · 1898
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