Maddox v. Brown
Supreme Court of Alabama
Error to the County court of Benton county. Debt on bond, alleged to be lost. The declaration contained two counts. The first was on a bond conditioned to make a title to land, when defendant obtained a pre-emption for the same, which bond was alleged to be lost; and the second charged a general indebtedness, without averring a promise to pay on request. Plea— general issue. Terdict and judgment for plaintiff.
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Error to the County court of Benton county. Debt on bond, alleged to be lost. The declaration contained two counts. The first was on a bond conditioned to make a title to land, when defendant obtained a pre-emption for the same, which bond was alleged to be lost; and the second charged a general indebtedness, without averring a promise to pay on request. Plea— general issue. Terdict and judgment for plaintiff. The verdict was for five hundred dollars, the penalty of the bond: whereupon plaintiff relinquished two hundred dollars of the verdict, and judgment was entered up for the remaining…
1Opinion of the CourtGoldthwaite, J.
No objections were made to the sufficiency of the declaration in the court below, by demurrer or otherwise, nor was the sufficiency of the evidence to sustain the action there questioned until after verdict; it thererore becomes material, to enquire how far the errors supposed to have been committed, can now be looked into. The statute declares, that no cause shall *120be reversed) arrested, or otherwise set aside, after verdict or judgment, for any matter on the face of the pleadings not previously objected to; provided, the declaration contain a substantia lcause of action, and a material issue…
2Cited by1 opinion
- White v. RoeSupreme Court of Alabama · 1907