Legal Opinion

Young v. O'Neal

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 5 opinions

Appeal from the Circuit Court of Russell. Tried before the Hon. Jas. E. Cobb. Action was brought by appellant, William H. Young, against Simeon O’Neal and John S. Burch, appellees.

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Appeal from the Circuit Court of Russell. Tried before the Hon. Jas. E. Cobb. Action was brought by appellant, William H. Young, against Simeon O’Neal and John S. Burch, appellees. In answer to the complaint, defendants pleaded: “ First, that the consideration of the note sued on, has failed in this, that said note was given for two tons of guano, to be delivered to defendants; and that plaintiff did not deliver said guano, but instead thereof he delivered two tons of worthless compound, which had not the properties and value of guano as a fertilizer, whereby defendants were deceived, &c.;…

1Opinion of the CourtManning, J.

1. The assignment of a judgment of the court overruling the demurrers to the pleas, as error, is not sustained by the record. There is no such judgment shown, *568except by a recital in the bill of exceptions — where such recital ought not to be — if, in fact, the judgment was rendered. A judgment upon a demurrer, as well as upon a verdict, must appear by the minutes of the court that rendered it, and. be a part of the regular record of the cause.

2. The only office of a bill of exceptions is to present for revision such charges and rulings of the court as “ would not otherwise appear on record,…

2Cases cited2 opinions

  1. Petty v. DillSupreme Court of Alabama · 1875
  2. Chenault v. WalkerSupreme Court of Alabama · 1848

3Cited by5 opinions

  1. Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
  2. Farmers' National Bank v. WoodellOregon Supreme Court · 1900
  3. Pacific Guano Co. v. MullenSupreme Court of Alabama · 1880
  4. Ala. Connelsville Coal & Coke Co. v. PittsSupreme Court of Alabama · 1893
  5. Decatur Fertilizer Co. v. WallsSupreme Court of Alabama · 1924

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