Evans v. St. John
Supreme Court of Alabama
Error to the Circuit court of Wilcox. Assumpsit on a hill of exchange. In this case, St. John, as the surviving partner of St. John & Leavens, instituted an action of assumpsit in the County court of Wilcox county, against Evans.
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Error to the Circuit court of Wilcox. Assumpsit on a hill of exchange. In this case, St. John, as the surviving partner of St. John & Leavens, instituted an action of assumpsit in the County court of Wilcox county, against Evans. The declaration, besides the usual money counts, discloses the cause of action to be an inland bill of exchange, drawn by H. S. Evans, the plaintiff in error, on, and accepted by, Thomas Evans, payable to the order of, and endorsed by Charles Irby & Co., negotiable and payable at the office of discount and deposit at the Bank of the United States, at Mobile. A…
1Opinion of the CourtGoldthwaite, J.
The errors assigned, in this court, call its attention to matters of exception, which arose in the County court, but which are unnoticed in the assignment of errors in the Circuit court. Our rules of practice do not permit this course to be pursued, and the party is presumed to waive all errors which are not specifically mentioned — (Ripley vs. Coolidge et al. Minor, 11; Brahan vs. Collins, Minor, 169.)
Under no circumstances can questions be reviewed in this court, which were omitted to be presented before the Circuit court, when sitting as a court of errors, on judgments rendered by the…
2Cited by10 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Moore v. HornSupreme Court of Alabama · 1843
- Richard v. Steiner Bros.Supreme Court of Alabama · 1907
- Memphis & Charleston Railroad v. WhorleySupreme Court of Alabama · 1883
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