Lawler v. Norris
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga, Tried before the Hon. Geo. D. Shortridge. This action ivas founded on a promissory note, of which the following is a copy : “ On or before the first day of January next, I promise to pay James A. Lawler, sheriff and administrator of R. H. Gaston, deceased, sixty dollars for rent of land of said deceased. March 23,1854.” (signed) “ A. B. Norris.”
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Appeal from the Circuit Court of Autauga, Tried before the Hon. Geo. D. Shortridge. This action ivas founded on a promissory note, of which the following is a copy : “ On or before the first day of January next, I promise to pay James A. Lawler, sheriff and administrator of R. H. Gaston, deceased, sixty dollars for rent of land of said deceased. March 23,1854.” (signed) “ A. B. Norris.” The bill of exceptions states that the plaintiff read this note in evidence, and then proceeds thus : “ It was also in evidence, that plaintiff, as the administrator of said R. H. Gaston, deceased, had…
1Opinion of the CourtWalker, J.
It does not appear from the bill of exceptions that the renting of land, which was the consideration of the note sued upon, was private, or not at public auction. The note purports on its face to have been given for the rent of the land of plaintiff’s intestate; and the bill of exceptions states, that the plaintiff “ rented the land to the defendant, who gave the note sued on therefor; but there is not one word in the bill of exceptions, upon the point of the privacy or publicity of the renting. The court charged the jury, that if they believed the evidence, they must find for the defendant;…
2Cases cited2 opinions
- Merriweather v. TaylorSupreme Court of Alabama · 1849
- Abney v. PickettSupreme Court of Alabama · 1852
3Cited by4 opinions
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Morris v. HallSupreme Court of Alabama · 1868
- Railway Express Agency, Inc. v. BurnsSupreme Court of Alabama · 1950
- Williams v. HartshornSupreme Court of Alabama · 1857