Hubbert v. Collier
Supreme Court of Alabama
This was an action by the defendant, in error against the plaintiff, to recover damages for an assault and battery upon his person. The cause was tried on the plea of not guilty, and accord and satisfaction. The judgment entry recites, that the parties came, by their attorneys, and thereupon came a jury, &c., who were elected, &e., to try the issue joined, &c.
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This was an action by the defendant, in error against the plaintiff, to recover damages for an assault and battery upon his person. The cause was tried on the plea of not guilty, and accord and satisfaction. The judgment entry recites, that the parties came, by their attorneys, and thereupon came a jury, &c., who were elected, &e., to try the issue joined, &c. A verdict was returned in favor of the plaintiff for the sum of six hundred and twenty-five dollars, and a judgment was rendered accordingly. On the trial, the defendant excepted to the ruling of the court. From tlie bill of exceptions,…
1Opinion of the Court
COLLIER, C- J.
There are cases in which proof aliundé has been admitted to aid an award. [2 Phil. Ev. C. & H.’s notes, 1030 ] But are the defects in the writings adduced in *273the present case, of such a character as can be supplied by extrinsic evidence ? The attempt of the parties to submit their controversies to arbitration, was intended to conform to the act of 1824, [Clay’s Dig. 51,] though it was exceedingly informal. The second section of that statute provides that, “In all cases where the amount of the judgment rendered shall exceed fifty dollars, the same shall be returned by the…
2Cases cited1 opinion
- Clark's adm'rs v. Stoddard, Miller & Co.Supreme Court of Alabama · 1842
3Cited by4 opinions
- Tennessee Coal, Iron & Railroad v. HayesSupreme Court of Alabama · 1892
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Hopkins v. CothranSupreme Court of Kansas · 1876
- Henley v. Branch Bank at MobileSupreme Court of Alabama · 1849