Hargrove v. J. Smith & Co.
Supreme Court of Alabama
Writ of Error to the Circuit Court of Russell County. ASSUMPSIT on a promissory note, described as having been made at Columbus, Geo., on the 10th day of August, 1836, for forly-two dollars, payable one day after date. The writ issued 29th September, 1S3S, and there was then due on the note, only forty-eight and eighty-seventh hundrelhs dollars, for principal and interest, if the latter is computed at eight per cent.
Read the full summary
Writ of Error to the Circuit Court of Russell County. ASSUMPSIT on a promissory note, described as having been made at Columbus, Geo., on the 10th day of August, 1836, for forly-two dollars, payable one day after date. The writ issued 29th September, 1S3S, and there was then due on the note, only forty-eight and eighty-seventh hundrelhs dollars, for principal and interest, if the latter is computed at eight per cent. The judgment entry recites that the defendant withdrew his plea. Hargrove prosecutes the writ of error and assigns as error 1st. That the Circuit Court erred in rendering a final…
1Opinion of the CourtGoldthwaite, J.
— 1. The first assignment of error is not supported by the record, so as to bring this case within the influence of previous decisions of this court. The declaration contains an averment that this note was made at Columbus, Geo.$ it may be, that this is the usual manner to designate the State of Georgia, if an abbreviation is used, but it would be extending inferences to a most unwarrantable extent, to presume it to be so to reverse a judgment. The legal presumption after verdict is, that the venue stated at the commencement of the declaration, extends to every fact alleged, unless…
2Cited by2 opinions
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Dickinson v. Branch Bank at MobileSupreme Court of Alabama · 1847