McCalley v. Penney
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. A. H. Alston. Action by Charles S. McCalley against James E. Penney. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals.
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Appeal from Morgan Circuit Court. Heard before Hon. A. H. Alston. Action by Charles S. McCalley against James E. Penney. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals. The charges complained of as given for defendant are as follows: (5) If there is a single member of this jury who, after considering all the evidence in this case, does not believe that plaintiff ought to recover a verdict, then you should not render a verdict against defendant. (3) As a circumstance to which you may look in connection with all the other evidence in this case in determining…
1Opinion of the CourtGardner, J.
Suit upon a duebill. The issue litigated by the parties was contained in the special pleas of the defendant setting up a subsequent and separate agreement in satisfaction and settlement of the claim evidenced by the duebill; it being insisted that it was agreed between the parties that the plaintiff, holder of the duebill, would accept the rents of a certain farm of the defendant, for the year 1903, in full satisfaction and settlement of said duebill.
The trial, from which this appeal is taken by the plaintiff, in the court below, was had in October, 1913. The record discloses a judgment in…
2Cases cited5 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Austin v. StateSupreme Court of Alabama · 1906
- Penney v. McCauleyAlabama Court of Appeals · 1911
- Roden v. StateAlabama Court of Appeals · 1912
3Cited by5 opinions
- City of Bessemer v. ClowdusSupreme Court of Alabama · 1954
- Taylor v. LunsfordAlabama Court of Appeals · 1934
- Hughes v. Merchants Nat. Bank of MobileSupreme Court of Alabama · 1951
- Pacific Mut. Life Ins. Co. v. YeldellAlabama Court of Appeals · 1953
- Bingham v. SumnerSupreme Court of Alabama · 1921