Alexander v. Fitzpatrick
Supreme Court of Alabama
In error to the Circuit Court of Montgomery .county. This was an action of trespass on the case, which the pla,in tiff in error commenced against the defendant, in the County Court of Montgomery county, on the ninth of February, eighteen hundred and thirty-five.
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In error to the Circuit Court of Montgomery .county. This was an action of trespass on the case, which the pla,in tiff in error commenced against the defendant, in the County Court of Montgomery county, on the ninth of February, eighteen hundred and thirty-five. In addition to the common counts, the declaration contains a count upon the following instrument : “Montgomery, 16th March, 1825. — Received five hundred dollars of Edmund Alexander, which money is to be disposed of for negroes, together with five hundred dollars of my own money, by Col. Harrison Young. If not disposed of by the first…
1Opinion of the CourtHopkins, C. J.
— The first question in the case, is, had the defendant a right to demur to the evidence. This question does not arise in a case, in which the evidence is wholly parol, and loose and 'indefinite, or circumstantial. Whether the right exist in such a case, we shall not enquire. Here, a part of the evidence is written, and the remainder, although parol, is certain, and no more admitting of any variance, than the matter in writing.
In addition to the legal admission of the matters proved, which the demurrer would have been, in this case, had it been allowed, the defendant expressly admitted the…
2Cited by2 opinions
- Williams v. McConicoSupreme Court of Alabama · 1855
- Martin v. StateSupreme Court of Alabama · 1878