Evans v. Evans
Supreme Court of Alabama
Error to the Circuit Court of Wilcox. Tried before the Hon. Nathan Cook. Assumpsit by defendant, against plaintiff in error as administrator of Thomas Evans, deceased.
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Error to the Circuit Court of Wilcox. Tried before the Hon. Nathan Cook. Assumpsit by defendant, against plaintiff in error as administrator of Thomas Evans, deceased. In 1839, Harris S. Evans as principal, and the defendant in error and Thomas Evans, deceased, as his sureties, executed a note to one Coley for upwards of $1100, on which’suit was brought and judgment rendered, at the fall term 1839 of Wilcox Circuit Court, against the defendant in error alone, the other parties to it having in the meantime died. Coley filed his claim against the estate of the principal in the note, which was…
1Opinion of the CourtCollier, C. J.
It is not shown by the transcript that judgment was rendered upon the demurrers interposed in the Circuit Court. True, there are notes made (apparently) by the clerk, in which it is stated that,the demurrers were overruled, but these are not noticed in the judgment enlry and cannot be considered here, although they may have authorised a modification of the entry nunc pro iunc, had a motion been made for that purpose in the court below. We would, however, remark that we have looked into the pleadings, and are strongly inclined to think that the defendant has not been prejudiced by the decision…
2Cases cited5 opinions
- M'Broom v. GovernorSupreme Court of Alabama · 1837
- Cawthorne v. WeisingerSupreme Court of Alabama · 1844
- Neil v. Cunningham's ExecutorsSupreme Court of Alabama · 1835
- Hooks v. Branch Bank at MobileSupreme Court of Alabama · 1845
- Powe v. Executors of TysonSupreme Court of Alabama · 1849
3Cited by4 opinions
- Gurley v. RobertsonSupreme Court of Alabama · 1912
- Darby v. Berney National BankSupreme Court of Alabama · 1892
- Rowe v. Bank of New BrocktonSupreme Court of Alabama · 1922
- Camp v. BostwickOhio Supreme Court · 1870