Fant v. Cathcart
Supreme Court of Alabama
Writ of Error to the Circuit Coart of Talladega. This was an action of assumpsit, at the suit of the defendant in error, on a writing obligatory, made by the plaintiff, the 21st January, 1837, for the payment of the sum of three hundred and thirty-eight dollars and sixty-nine cents, three days after date.
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Writ of Error to the Circuit Coart of Talladega. This was an action of assumpsit, at the suit of the defendant in error, on a writing obligatory, made by the plaintiff, the 21st January, 1837, for the payment of the sum of three hundred and thirty-eight dollars and sixty-nine cents, three days after date. The defendant below pleaded, “ 1. The general issue. 2. That he was under twenty-one years of age when the note in the plaintiff’s declaration mentioned, was executed. 3. Payment.” On the first and third pleas the plaintiff took issue, and to the second he replied a subsequent promise after…
1Opinion of the CourtCollier, C. J.
It was clearly competent to permit the plaintiff to adduce other testimony, after he had announced that his evidence was closed. The fact that the defendant tendered a demurrer to the evidence can make no difference. It has been frequently held, that the Court, in its discretion, may permit either party to produce additional proof, even after a cause has been argued, and the.jury charged, and we can see nothing so potent in a demurrer as to take from the Court such a discretion. The question then is, not, whether or when a party should be compelled to join in a demurrer which embraces all the…
2Cases cited3 opinions
- Kline v. BeebeSupreme Court of Connecticut · 1827
- Roof v. StaffordNew York Supreme Court · 1827
- Hunt v. PeakeNew York Supreme Court · 1826
3Cited by6 opinions
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Tayloe v. BushSupreme Court of Alabama · 1883
- Philpot v. BinghamSupreme Court of Alabama · 1876
- West v. PennySupreme Court of Alabama · 1849
- Blackwell v. HamiltonSupreme Court of Alabama · 1872
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