Logan v. Hodges' Adm'r
Supreme Court of Alabama
Writ of error to the County Court of Sumter. This Was a suit commenced originally before a justice of the peace against the intestate of the defendant in error; after judgment in favor of the plaintiff, the case was removed by certiorari to the County Court.
Read the full summary
Writ of error to the County Court of Sumter. This Was a suit commenced originally before a justice of the peace against the intestate of the defendant in error; after judgment in favor of the plaintiff, the case was removed by certiorari to the County Court. The plaintiff then filed his1 statement upon a promissory note for the payment to him of forty-five dollars by the defendant; and the cause was tried on. the plea of non assumpsit, payment, usury and want of consideration. On the trial the plaintiff excepted to the ruling of the Court. It appears that the intestate proposed to prove by…
1Opinion of the CourtCollier, C. J.
— The fifth section of the act of 1819, “to regulate the rate of interest,” enacts, that “ when any suit or action may be brought in any Court of record in this State, *68touching or concerning any usurious bond, specialty, promise or agreement, the borrower or party to such usurious bond, specialty, contract, promise or agreement, from whom such higher rate of interest is or shall be taken, shall be a good and sufficient witness to give evidence of such offence : Provided, that any person against whom such evidence is offered to be given, will deny upon oath to be administered in open Court,…
2Cited by2 opinions
- Roberts Bros. v. Consumers Can Co.Court of Appeals of Maryland · 1905
- Jordan v. OwenSupreme Court of Alabama · 1855