Sanford v. Richardson
Supreme Court of Alabama
This case comes up' by writ of error from the Circuit Court tof Sumter. THE defendants in error brought an action of debt against the plaintiff's on a bill single for the payment of nineteen hundred .and thirty-four dollars, on the fifteenth day of August, 1S37. At the Circuit Court of Sumter, which commenced its session ■on the first day of April, 1839, a judgment by default was rendered, against the plaintiffsin error, in favor of the defendants, for “the sum of two…
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This case comes up' by writ of error from the Circuit Court tof Sumter. THE defendants in error brought an action of debt against the plaintiff's on a bill single for the payment of nineteen hundred .and thirty-four dollars, on the fifteenth day of August, 1S37. At the Circuit Court of Sumter, which commenced its session ■on the first day of April, 1839, a judgment by default was rendered, against the plaintiffsin error, in favor of the defendants, for “the sum of two thousand one hundred and ninety-one dollars and eighty-six cents, damages sustained by reason of the nonperformance of the…
1Opinion of the CourtCollier, C. J.
— 1. The precise point raised by the first assignment was determined by this court, in Carroll v. Meeks. (3. Porter’s Rep. 226.) In that case the action was debt, but the judgment was in assumpsit. The court say: “The judgment, though, informal, was for the precise amount of the principal and interest due upon the note, and bound the plaintiff in error to pay no more than an accurate judgment in debt would have done. As the judgment has the same effect, that a proper one would have, we could not revise it upon the ground that it is in assumpsit.” See also, 1. Porter’s Rep. 15. The case first…
2Cited by4 opinions
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Spence v. ThompsonSupreme Court of Alabama · 1847
- Blair v. RiddleAlabama Court of Appeals · 1912
- Crump v. BattlesSupreme Court of Alabama · 1873