Callahan v. Boazman
Supreme Court of Alabama
Error to the Circuit of Lawrence. Tried before the Hon. John E. Moore. Boazman sued Callahan before a justice of the peace, on a promissory note for the payment of $48TV3, and obtained judgment against him for $50. Callahan took the case to the County Court by certiorari, and on a trial there, a verdict and judgment was rendered against him.
Read the full summary
Error to the Circuit of Lawrence. Tried before the Hon. John E. Moore. Boazman sued Callahan before a justice of the peace, on a promissory note for the payment of $48TV3, and obtained judgment against him for $50. Callahan took the case to the County Court by certiorari, and on a trial there, a verdict and judgment was rendered against him. On the trial, a bill of exceptions was signed and sealed by the judge of that court, and a writ of error was sued by Callahan to the Circuit Court. In that court there was a regular assignment and joinder in error. It appears by the record, that a trial…
1Opinion of the CourtLigon, J.
1. The first charge asked by the defendant in the court below was correctly refused, since it appears by the proof that he had made the payment with no other direction for its application, either when the contract for the sale of the cotton was made, or when the cotton was delivered, than that it should be applied to “all just demands which Boazman might hold against him;” and as there were two, and the justice of neither is at all questioned by Callahan, Boazman had the legal right to appropriate the payment to either, if the payment were really made before suit brought. If the pay'ment had…
2Cases cited3 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Gwinn v. Whitaker's Adm'xGeneral Court of Virginia · 1805
- Smith v. BrushSupreme Court of Connecticut · 1834
3Cited by8 opinions
- Austin v. Southern Home Building & Loan Ass'nSupreme Court of Georgia · 1905
- Petty v. DillSupreme Court of Alabama · 1875
- Bobe's Heirs v. StickneySupreme Court of Alabama · 1860
- McCurdy v. MiddletonSupreme Court of Alabama · 1886
- Johnson v. ThomasSupreme Court of Alabama · 1884
3 more not listed; retrieve them via the Exa API.