Sammis v. Johnson
Supreme Court of Alabama
ERROR to tbe Circuit Court of Choctaw. Tried before the Hon. JOHN Bragg. This was an action commenced by the defendant in error against the plaintiff in error, before a justice of the peace in Choctaw county. The justice gave j udgment for the defendant, and the plaintiff appealed to the Circuit Court. On the trial in the latter court a judgment was rendered against the plaintiff in error for five dollars.
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ERROR to tbe Circuit Court of Choctaw. Tried before the Hon. JOHN Bragg. This was an action commenced by the defendant in error against the plaintiff in error, before a justice of the peace in Choctaw county. The justice gave j udgment for the defendant, and the plaintiff appealed to the Circuit Court. On the trial in the latter court a judgment was rendered against the plaintiff in error for five dollars. A bill of exceptions was allowed at the trial, which is substantially as follows: “ The proof was, that the defendant was one of the securities on a penal bond executed to plaintiff by one…
1Opinion of the CourtGibbons, J.
The first point to be settled on this bill of exceptions is, what questions are properly presented by it for our decision ? The court below excluded certain evidence offered by the defendant, and that is one of the errors here assigned. But it does not appear that the defendant excepted to this ruling of the court, except by implication; and the question now is, whether we can here consider it. This is not an open question in this court. The repeated decisions upon it, with which we are fully satisfied, prevent us from its further discussion. We can only regard such questions as are raised by…
2Cases cited3 opinions
- Andress v. BroughtonSupreme Court of Alabama · 1852
- Croft v. FerrellSupreme Court of Alabama · 1852
- Fletcher v. WeismanSupreme Court of Alabama · 1840
3Cited by4 opinions
- Peterson v. StateSupreme Court of Alabama · 1933
- Doe ex dem. School Commissioners v. GodwinSupreme Court of Alabama · 1857
- McReynolds v. JonesSupreme Court of Alabama · 1857
- Peterson v. StateSupreme Court of Alabama · 1933