Ramer v. Fletcher
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Tried before the Hon. Nat. Cook. This action was commenced in a justice’s court, and removed by appeal to the circuit court, where the plaintiff filed the following statement: “ The plaintiff claims of the defendant $50, due by open account, for services rendered, due in 1852 and 1853, with interest thereon ; also, $50 upon account stated between- them the 18th January, 1852 ; also, $50 due upon a contract between them, made the-…
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Appeal from the Circuit Court of Covington. Tried before the Hon. Nat. Cook. This action was commenced in a justice’s court, and removed by appeal to the circuit court, where the plaintiff filed the following statement: “ The plaintiff claims of the defendant $50, due by open account, for services rendered, due in 1852 and 1853, with interest thereon ; also, $50 upon account stated between- them the 18th January, 1852 ; also, $50 due upon a contract between them, made the- 18th September before the commencement of this suit.” The judgment entry shows that the cause was submitted to a jury on…
1Opinion of the CourtWalker, J.
We are not all certain that, even under the liberal intendments made on error in support of verdicts, we can say from this verdict that the damages are assessed against the defendant; but conceding that question to the appellee, no judgment ought to have been rendered on the verdict, because it does not respond to or decide the issue *471submitted to the jury. — Moody v. Keener, 7 Porter, 218 ; Jewett v. Davis, 6 New Hamp. 518 ; Holmes v. Wood, 6 Mass. 1; Knox v. Breed, 12 Elinois, 61; Toulman v. Lesesne & Edmonston, 2 Ala. 359; Stephens v. Westwood, 25 Ala. 716. The judgment is reversed, and the…
2Cases cited4 opinions
- Moody v. KeenerSupreme Court of Alabama · 1838
- Toulmin v. LesesneSupreme Court of Alabama · 1841
- Holmes v. WoodMassachusetts Supreme Judicial Court · 1809
- Stephens v. WestwoodSupreme Court of Alabama · 1854
3Cited by2 opinions
- McGowan v. LynchSupreme Court of Alabama · 1907
- Southern Railway Co. v. CarrollAlabama Court of Appeals · 1915