St. John v. O'Connel
Supreme Court of Alabama
Error to .the Circuit court of Mobile. This was an action of trover, against the plaintiff in error, tried before Chapman, J. in the Circuit court of Mobile. The declaration averred the conversion of two promissory notes. To this the defendant demurred; and his demurrer being overruled, the case went to the jury upon the general issue, when a verdict was returned for the defendant in error, to the amount of the notes, charged to have been converted, with interest.
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Error to .the Circuit court of Mobile. This was an action of trover, against the plaintiff in error, tried before Chapman, J. in the Circuit court of Mobile. The declaration averred the conversion of two promissory notes. To this the defendant demurred; and his demurrer being overruled, the case went to the jury upon the general issue, when a verdict was returned for the defendant in error, to the amount of the notes, charged to have been converted, with interest. On the trial, a bill of exceptions was sealed up by the Judge, upon the application of the plaintiff in error. — • From which it…
1Opinion of the CourtCollier, C. J.
— The arguments at the bar have presented these points:
First — As to the sufficiency of the declaration.
Second — The propriety of the refusal by the court, to permit the plaintiff to ask the defendant’s witness, what answer St. John <fc Leavens made to the demand by witness, of the notes in dispute.
Third — Was the transcripts from the District court, evidence to show an excuse for the non-delivery of the notes by St. John & Leavens, or to prove the insolvency of the makers, by the marshal’s return of nulla bona ?
Fourth — Were O’Connel & Brenan entitled to a return of the notes of F. & C.…
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