Smith's Executors v. Wiley
Supreme Court of Alabama
Eeroe. to tbe Circuit Court of Perry. Tried before tbe Hon. Geo. I). Shortridge. Debt on a refunding bond, by Thomas H. Wiley against Joseph W. Smith. The defendant pleaded, “ in short by consent, nil debet, payment and set-off.” The defendant having died pending the suit, it was revived against bis executor; and at tbe Spring term, 1852, there was a verdict and judgment for the plaintiff.
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Eeroe. to tbe Circuit Court of Perry. Tried before tbe Hon. Geo. I). Shortridge. Debt on a refunding bond, by Thomas H. Wiley against Joseph W. Smith. The defendant pleaded, “ in short by consent, nil debet, payment and set-off.” The defendant having died pending the suit, it was revived against bis executor; and at tbe Spring term, 1852, there was a verdict and judgment for the plaintiff. The exclusion by tbe court of certain evidence offered by the defendant under his plea of set-off, forms the only assignment of error. This evidence appears at length in the opinion of the court. 1.…
1Opinion of the CourtChilton, C. J.
Wiley brought his action of debt against Joseph W. Smith, in the County Court of Perry, which, after the late statute abolishing the civil jurisdiction of that court, was removed into the Circuit Court of that county, upon a refunding bond given by said Smith to him in 1844, in the penal sum of five thousand dollars, the condition of which recites, “ that, whereas the said Thomas H. Wiley, as guardian of the said Joseph W. Smith, has accounted for and paid over to said Smith the sum of seventeen thousand four hundred and eighty-nine dollars and eighty-eight cents, (including his account for…
2Cases cited4 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Perminter v. KellySupreme Court of Alabama · 1851
- Price v. PickettSupreme Court of Alabama · 1852
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
3Cited by15 opinions
- Ruffin v. CrowellSupreme Court of Alabama · 1950
- Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
- Hood v. BramlettSupreme Court of Alabama · 1894
- Patten v. SwopeSupreme Court of Alabama · 1920
- Anderson v. McGowanSupreme Court of Alabama · 1868
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