Marriott v. Lewis

LIG-ON, J. —

We have held, that to sustain the regularity of a judgment of the Circuit Court, when it appears by the minute entry that an issue was tried by the jury, we will presume that a proper issue was presented for their consideration, notwithstanding no pleas or issue whatever appears in the record. — Eastland v. Sparks, 22 Ala. 607; Lucas v. Hitchcock, 2 ib. 287. But we apprehend that when the record shows no issue, and no finding by the jury, or, as in this case, furnishes no evidence whatever that a jury ever was empan-nelled to try the cause in the court below, no such intendment…