Legal Opinion

McClure v. Lay

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 2 opinions

Appeal from the Circuit Court of Sumter. Tried before the Hon. C. W. BapieR.. . This action was commenced in April, 1855, and was-brought to recover $80, the alleged price of a horse sold by plaintiff’ to defendant.

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Appeal from the Circuit Court of Sumter. Tried before the Hon. C. W. BapieR.. . This action was commenced in April, 1855, and was-brought to recover $80, the alleged price of a horse sold by plaintiff’ to defendant. It was proved, on the trial,. that the defendant gaye a note on one Richardson, for about |80, and a watch, for the horse; that the said note was valueless' at the time, Richardson being utterly insolvent, and was endorsed by the defendant without recourse; and there was evidence tending to show that the defendant practiced a fraud on the plaintiff, in inducing him to take the…

1Opinion of the CourtStone, J.

This suit was commenced' since the Code went into operation, and is governed by its provisions. There is a substantial difference between the act of 1807, (Olay’s Digest, 825, § 75,) and section 2365 of the Code. Under the former statute, this cour truled, in^Cummings v. Edmundson, that “the question whether a plaintiff, in instituting suit in the circuit court for a larger sum than fifty dollars, and recovering less than that sum, has designed to evade the latter part of the act of 1807, is one of discretion in the court trying the cause, and which cannot be reviewed in this court.” — 5…

2Cases cited1 opinion

  1. Cummings v. EdmunsonSupreme Court of Alabama · 1837

3Cited by2 opinions

  1. First National Bank v. PinsonSupreme Court of Alabama · 1894
  2. Mobile Light & Railroad v. GeorgeAlabama Court of Appeals · 1911

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