Hayden v. Boyd
Supreme Court of Alabama
Writ of Error to the County Court of Benton. This wasa suit instituted beforea justice of the peace, to recover thirty dollars, for work and labor performed by the plaintiff in error, for the defendant. A judgment being obtained for that sum, the defendant appealed to the County Court, where a judgment was rendered, upoñ a verdict in his favor.
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Writ of Error to the County Court of Benton. This wasa suit instituted beforea justice of the peace, to recover thirty dollars, for work and labor performed by the plaintiff in error, for the defendant. A judgment being obtained for that sum, the defendant appealed to the County Court, where a judgment was rendered, upoñ a verdict in his favor. On the trial, a bill of exceptions was sealed, at the instance of the plaintiff, from which it appears, that the plaintiff was introduced as a witness to prove his account of thirty dollars. After the plaintiff had given his evidence, the defendant was…
1Opinion of the CourtCollier, C. J.
It is enacted by the act of 1839, that “in all suits to be commenced upon accounts for a sum not exceeding one hundred dollars, the oath of the plaintiff shall be received as evidence of the demand, unless the same be controverted by the oath of the defendant; but this section shall not apply to the case of executors and administrators, trustees and guardians, when sued.” (Clay’s Dig. 342, § 161.]
Under the act of 1819, which permits the borrower of money to prove that a usurious rate of interest was reserved, unless the lender will deny on oath the truth of his testimony, it has been held,…
2Cases cited3 opinions
- Richards v. GriffinSupreme Court of Alabama · 1843
- Bennett v. Armstead ex rel. HairSupreme Court of Alabama · 1842
- Ivey v. PierceSupreme Court of Alabama · 1843
3Cited by2 opinions
- John F. Clark & Co. v. NelsonSupreme Court of Alabama · 1927
- Flash, Hartwell & Co. v. FerriSupreme Court of Alabama · 1859