Edmonds v. Edmonds
Supreme Court of Alabama
Writ of error to the Circuit Court of Tuscaloosa county. Action of debt on a forthcoming bond executed in Virginia and conditioned for the delivery of certain slaves to the sheriff of Brunswick county, on a day and place named in the condition. The defendant pleaded performance of the condition and payment, on which issue was joined. At the trial, the plaintiff gave the bond described in the declaration in evidence and rested his case.
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Writ of error to the Circuit Court of Tuscaloosa county. Action of debt on a forthcoming bond executed in Virginia and conditioned for the delivery of certain slaves to the sheriff of Brunswick county, on a day and place named in the condition. The defendant pleaded performance of the condition and payment, on which issue was joined. At the trial, the plaintiff gave the bond described in the declaration in evidence and rested his case. The defendant demurred to the evidence, and the court on the demurrer rendered judgment in his favor. This judgment is assigned as error. argued that the…
1Opinion of the CourtGoldthwaite, J.
— 1. There is nothing in this case to call for an exception to the rule that the proof of the issue lies with him who has the affirmative. The act to be performed to discharge the condition of this bond, was the delivery of the slaves to the sheriff, at a certain time and place; if this was per*402formed, the knowledge of it is certainly with the defendant, and he is bound to establish it as he would any other matter in discharge of the bond. The same may be said with respect to payment. In neither case is it incumbent on the plaintiff to establish a negative. This conclusion requires that the…
2Cases cited1 opinion
- Lea v. Branch Bank at MobileSupreme Court of Alabama · 1838
3Cited by7 opinions
- Tennessee & Coosa Railroad v. MooreSupreme Court of Alabama · 1860
- Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
- Townsend & Bros. v. HarwellSupreme Court of Alabama · 1850
- Deposit Bank of Frankfort v. CaffeeSupreme Court of Alabama · 1902
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