Bradford v. Hilliard
Supreme Court of Alabama
jError from Madison Circuit Court — Before the Hon, John White. This was a case brought 'before a justice of the peace, to recover an amount due on a single bill. Judgment was given' against the defendant, and an appeal taken to the Circuit Court. The summons issued by the justice, set out 'the cause of action as being a debt due on a “promissory note.” The statement filed in the Circuit, Court, described the cause of action as a “bond.”
Read the full summary
jError from Madison Circuit Court — Before the Hon, John White. This was a case brought 'before a justice of the peace, to recover an amount due on a single bill. Judgment was given' against the defendant, and an appeal taken to the Circuit Court. The summons issued by the justice, set out 'the cause of action as being a debt due on a “promissory note.” The statement filed in the Circuit, Court, described the cause of action as a “bond.” On the trial of the cause, the defendant, craved oy®r, and a writing obligatory, under the hand and seal of the defendant was produced. The defendant, on the…
1Opinion of the Court
By Mr. Justice Thornton :
This cause originated by warrant, before a justice of the peace, in which, the instrument of writing sued on, was described as a promissory note. From the judgment of the - justice, an appeal was taken by the defendant to the Circuit Court of Madison county, where a statement was made out by the plaintiff, according to the practice under the act regulating appeals from justices of the peace, and the instrument sued oil, described as a bond or writing obligatory. Objection was made by the defendant, to the statement of the plaintiff’s cause of action, for this variance…
2Cases cited1 opinion
- Byrne v. HallSupreme Court of Alabama · 1827