Bruce v. Barnes
Supreme Court of Alabama
Error to the Circuit Court of Marengo. Tried before the Hon. John D. Phelan. .Upon the first point, that the trial ought to be by jury; the question is settled the other way, upon principle and authority, by the cases of Moore & Magee v. The Mobile Cotton Press, 9 Por. 679; Lockhart v. McElroy, 4 Ala,, 572; Chandler v. Faulkner, 5 Ala. 567; Eaulkner v. Chandler, 11 Ala. 725. This is no infringement of the constitutional clause that the “ trial by jury shall remain…
Read the full summary
Error to the Circuit Court of Marengo. Tried before the Hon. John D. Phelan. .Upon the first point, that the trial ought to be by jury; the question is settled the other way, upon principle and authority, by the cases of Moore & Magee v. The Mobile Cotton Press, 9 Por. 679; Lockhart v. McElroy, 4 Ala,, 572; Chandler v. Faulkner, 5 Ala. 567; Eaulkner v. Chandler, 11 Ala. 725. This is no infringement of the constitutional clause that the “ trial by jury shall remain inviolate.” If a party against whom a judgment upon verdict bad been rendered, was entitled of right to a trial by jury, upon…
1Opinion of the CourtDargan, C. J.
At the Fall Term of the Circuit Court of Marengo, A. D. 1845, a judgment was rendered against the defendant, Barnes, in favor of the administrator of John F. Barnes, deceased, for the sum of four hundred and forty-nine dollars 28-100, and at a term subsequent to the rendition of the judgment the defendant moved the court to have satisfaction thereof entered of record. Notice of the motion having been served on the administrator, he appeared and resisted it. The defendant in the judgment offered, as evidence of its payment, the ex parte affidavits of witnesses, but by whom they were made does…
2Cases cited4 opinions
- Lockhart v. McElroySupreme Court of Alabama · 1843
- Edwards v. LewisSupreme Court of Alabama · 1849
- Chandler v. FaulknerSupreme Court of Alabama · 1843
- Faulkner v. ChandlerSupreme Court of Alabama · 1847
3Cited by6 opinions
- Pearsall v. McCartneySupreme Court of Alabama · 1856
- Lillie v. DennertCourt of Appeals for the Sixth Circuit · 1916
- Johnson v. McFryAlabama Court of Appeals · 1915
- Heath v. GarrettTexas Supreme Court · 1878
- Spear & Thomasson v. LomaxSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.