Bancroft v. Stanton
Supreme Court of Alabama
Writ of error to the County Court of Mobile. This cause originated before a justice of the peace at the instance of the defendant in error, to recover, as the summons recites, of Henry W. Horn, “a debt, or other deihand, not exceeding fifty dollars.” We find in the transcript a paper purporting to be an appeal bond, subscribed by Horn and Hugh McCaw, but without any scrawl or other substitute for a seal.
Read the full summary
Writ of error to the County Court of Mobile. This cause originated before a justice of the peace at the instance of the defendant in error, to recover, as the summons recites, of Henry W. Horn, “a debt, or other deihand, not exceeding fifty dollars.” We find in the transcript a paper purporting to be an appeal bond, subscribed by Horn and Hugh McCaw, but without any scrawl or other substitute for a seal. This writing is dated on the 20th September, 1S43, and recites in the condition, that Horn had prayed, and obtained, an appeal to the County Court of Mobile, at the admiralty term of 1843,…
1Opinion of the CourtCollier, C. J.
— In Castleberry v. Pearce, 2 Stewt. & P. Rep. 141, the defendant moved in arrest of judgment, that al-' though the jury had returned a verdict, the record did not show that an issue had been joined, or any plea interposed by the defendant. This Court held, that, as the judgment recited that the jury were sworn to try an issue, they would intend that the pleadings had been regularly made up, and lost from the papers, as the opposite conclusion would falsify the record. In Wheeler, et al. v. Bullard, 6 Porter’s Rep. 352, we determined, that after verdict upon an issue tried, or judgment, or…
2Cases cited6 opinions
- Allen v. BradfordSupreme Court of Alabama · 1842
- Lucas v. HitchcockSupreme Court of Alabama · 1841
- Dearing, Sink & Co. v. SmithSupreme Court of Alabama · 1842
- Elliott v. Smith & Co. ex rel. HarralsonSupreme Court of Alabama · 1840
- Clark's adm'rs v. Stoddard, Miller & Co.Supreme Court of Alabama · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Thomas v. BibbSupreme Court of Alabama · 1870
- Allen v. HarperSupreme Court of Alabama · 1855
- Hill's Administrator v. NicholsSupreme Court of Alabama · 1874
6 more not listed; retrieve them via the Exa API.