Scruggs v. Bibb
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. William M. Brooks. This action was brought by John W. Scruggs, against William D. Bibb, and was commenced by attachment. Tbe cause of action was a promissory note for $182 36, dated January 1, 1845, and payable on the 1st July next after date, which was alleged to be lost; and all tlie com.mon money counts, with a count on an award, were added in the complaint.
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Appeal from the Circuit Court of Madison. Tried before the Hon. William M. Brooks. This action was brought by John W. Scruggs, against William D. Bibb, and was commenced by attachment. Tbe cause of action was a promissory note for $182 36, dated January 1, 1845, and payable on the 1st July next after date, which was alleged to be lost; and all tlie com.mon money counts, with a count on an award, were added in the complaint. The defendant pleaded the general issue, with leave to give any special matter in evidence ; and the cause was submitted to a jury on issue joined thereon. On the trial,…
1Opinion of the Court
WALKER, J.—
The plaintiff proved by his witness, Patton, that he called upon the defendant in Mississippi, and mentioned the subject of the plaintiff’s claim, which he had in his possession ; and that the defendant said, he intended to start to Huntsville in a few days, and would there see the plaintiff. After the introduction of that proof, it was permissible for the defendant to show, that he said, at the same time, he had a receipt against the claim, and was going to Huntsville and would settle the matter there. This last evidence was a part of the same conversation, i'n which the…
2Cases cited6 opinions
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Cook v. ParhamSupreme Court of Alabama · 1853
- Bradford v. BushSupreme Court of Alabama · 1846
- Mobile Bay Road Co. v. YeindSupreme Court of Alabama · 1856
- Stein v. BurdenSupreme Court of Alabama · 1857
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3Cited by6 opinions
- Ponder v. CheevesSupreme Court of Alabama · 1893
- First Nat. Bank of Mobile v. LartigueSupreme Court of Alabama · 1937
- State v. GreeneUtah Supreme Court · 1908
- Wolff v. Shelton's ExecutorsSupreme Court of Alabama · 1874
- Dillard v. ScruggsSupreme Court of Alabama · 1860
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