Wilkerson v. Branham
Supreme Court of Alabama
Writ of Error to the Circuit Court of Russell. This was an action of assumpsit,by the defendant in error, against the plaintiffs, on a promissory note, for the payment of twelve hundred and sixty-seven 31-100 dollars, on the twenty-fifth day of December, eighteen hundred and forty, with interest from the first of January, preceding, “ if not punctually paid.”
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Writ of Error to the Circuit Court of Russell. This was an action of assumpsit,by the defendant in error, against the plaintiffs, on a promissory note, for the payment of twelve hundred and sixty-seven 31-100 dollars, on the twenty-fifth day of December, eighteen hundred and forty, with interest from the first of January, preceding, “ if not punctually paid.” On the note two credits aye indorsed, one for eighty dollars, on the 24th January, 1842; the other for fifty dollars, on the 20th of March, thereafter; and on the 17th October of the same year, the plaintiff recovered a judgment by…
1Opinion of the CourtCollier, C. J.
The first objection taken to the judgment is not sustained by the record. A calculation of interest after allowing the credits indorsed, shows that the judgment is for a sum less than was duo on the note, computing from the time of its maturity.
Dozier v. Joice, [8 Porter’s Rep. 303, and Williams, et al. v. Powell, 9 Porter, 493,] show, that it is competent for the court to permit a declaration to be substituted for the original, when it has been lost or mislaid. In the first case, leave was given pending the trial, to supply the writ and declaration, which -were then discovered to have been…
2Cases cited1 opinion
- Williams v. PowellSupreme Court of Alabama · 1839
3Cited by11 opinions
- McLendon v. JonesSupreme Court of Alabama · 1845
- Bradford v. StateSupreme Court of Alabama · 1875
- Keen v. JordanSupreme Court of Florida · 1869
- Wise v. StateSupreme Court of Alabama · 1922
- Ganaway v. StateSupreme Court of Alabama · 1853
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