Perry & Co. v. King
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hou. S. H. Spkott. The appellee, E. E. King, brought the present action against the appellants, H. W. Perry & Co. and others, to recover damages for the breach of a detinue bond.
Read the full summary
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hou. S. H. Spkott. The appellee, E. E. King, brought the present action against the appellants, H. W. Perry & Co. and others, to recover damages for the breach of a detinue bond. In this action there was a judgment for the plaintiff, and the judgment entry was as follows : “This day came the parties by their attorneys and issue being joined, now comes a jury of good and lawful men, to-wit, H. H. Cribbs and eleven others, who being duly empannelled and sworn and charged according to law upon their oaths do say: We the jury find for…
1Opinion of the CourtHaralson, J.
The judgment in this case was not by default nor nil dicit, but on the verdict of the jury. The entry recites, that the parties appeared by their attorneys and issue being joined, came a jury of good and lawful men, who being duly sworn upon their oaths said, “We the jury find for plaintiff, and assess the damages at $75.” Judgment was rendered on this finding. The entry shows an appearance, and on motion to set it aside, the appearance cannot be disputed. The record is conclusive in such case. — Newton v. Ala. Mid. Railway Co., 99 Ala. 468; Pettus v. McClannahan, 52 Ala. 35; 2 Brick. Dig.…
2Cases cited6 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Haas v. TaylorSupreme Court of Alabama · 1886
- Parks, Brewer & Co. v. CoffeySupreme Court of Alabama · 1875
- Newton v. Alabama Midland Railway Co.Supreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Southern Ry. Co. v. CortnerAlabama Court of Appeals · 1912
- McKay v. LunsfordSupreme Court of Alabama · 1941