Legal Opinion

Crosby v. Brantly

Supreme Court of Alabama

Decided January 15, 1852PublishedCited by 1 opinion

Error to the Circuit Court of Conecuh. Tried before the Hon. Robert Dougherty.

1Opinion of the CourtPhelan, J.

The action below was on an open account, for a sum less than twenty dollars, and was brought to the Circuit Court by appeal. The judgment was by default, and the record does not show that any proof was made to the court of the correctness of the demand. This was an error, as this court has expressly decided, in Kenum v. Henderson, 6 Ala. 132, and Witherington v. Brantly, 18 ib. 197.

The judgment is reversed, and the cause remanded.

2Cases cited1 opinion

  1. Kenum v. HendersonSupreme Court of Alabama · 1844

3Cited by1 opinion

  1. Thomas v. StateAlabama Court of Appeals · 1953