McDonnell v. Branch Bank at Montgomery
Supreme Court of Alabama
Eeros, to the Circuit Court of Barbour. Tried before the Hon. George D. Shortridge. This was an action of assumpsit by the Bank against McDonnell, the plaintiff in error. Pleas: Non assumpsit, statute of limitations and payment. Verdict and judgment for the Bank.
Read the full summary
Eeros, to the Circuit Court of Barbour. Tried before the Hon. George D. Shortridge. This was an action of assumpsit by the Bank against McDonnell, the plaintiff in error. Pleas: Non assumpsit, statute of limitations and payment. Verdict and judgment for the Bank. The questions presented for revision arise out of a bill of exceptions,' from which it appears, that in March, 1839, the Bank recovered a judgment in the Circuit Court of Barbour, of which court said McDonnell was at that time the clerk, against some one who is not named in the record, for the sum of $134 48. It did not appear that…
1Opinion of the CourtChilton, J.
The charge prayed for by the counsel for the defendant below, respecting the sufficiency of the proof to establish the fact of McNab’s authority, was properly refused' by the court, as it would have amounted to an obvious invasion of the province of the jury. It was for the jury, and not the presiding judge, to decide upon the weight of the testimony, and to determine whether the proof, that McNab acted as the general deputy of McDonnell, when he made the memorandum of the collection of this money, and that he occasionally acted in that capacity until 1844, considered in connection with the…
2Cases cited4 opinions
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- Hill v. FitzpatrickSupreme Court of Alabama · 1844
- Sally's Administrators v. CappsSupreme Court of Alabama · 1840
- Nelms v. WilliamsSupreme Court of Alabama · 1851
3Cited by22 opinions
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
- High v. Board of CommissionersIndiana Supreme Court · 1884
- Petty v. DillSupreme Court of Alabama · 1875
- Henderson v. Maysville Guano Co.Court of Appeals of Georgia · 1914
- Bobe's Heirs v. StickneySupreme Court of Alabama · 1860
17 more not listed; retrieve them via the Exa API.