Bryan v. Ware
Supreme Court of Alabama
Error to tbe Circuit Court of Montgomery. Tried before tbe Hon. George (xoldthwaite. This was an action of assumpsit, brought by Bryan against Ware and others, survivors of S. M. Haggerty & Co., for services as an agent and attorney in procuring patents for Indian lands.
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Error to tbe Circuit Court of Montgomery. Tried before tbe Hon. George (xoldthwaite. This was an action of assumpsit, brought by Bryan against Ware and others, survivors of S. M. Haggerty & Co., for services as an agent and attorney in procuring patents for Indian lands. These services were rendered in the years 1838, ’39 and ’40, and this suit was not brought until April, 1850. The defendants relied on the statute of limitations, and the plaintiff replied a subsequent promise. The proof touching this point was as follows, as set out in the bill of exceptions: “ Plaintiff proved by Francis…
1Opinion of the CourtPhelan, J.
Where there is no conflict in the evidence, it has been held by repeated decisions of this court, that the judge trying the cause may properly charge the jury on request to find for one party or the other, as the. case may be, if they believe the testimony adduced. It is in the nature of *692a demurrer to evidence. 7 Porter, 258; 2 Ala. 117; 6 ib. 752. We can discover no conflict in tbe testimony in tbis case, and tbe proper construction of tbe letters of Mr. Bugbee and Mr. Bryan, portions of tbe testimony, was matter for tbe court, as tbey were written evidence.
It is argued by-tbe counsel for…
2Cases cited3 opinions
- Langdon v. Roane's Adm'rSupreme Court of Alabama · 1844
- Sims v. SimsSupreme Court of Alabama · 1841
- Madden v. BlytheSupreme Court of Alabama · 1838
3Cited by6 opinions
- Morris v. HallSupreme Court of Alabama · 1868
- Walker v. BowlingSupreme Court of Alabama · 1954
- Doe ex dem. School Commissioners v. GodwinSupreme Court of Alabama · 1857
- Hall's Heirs v. HallSupreme Court of Alabama · 1872
- McReynolds v. JonesSupreme Court of Alabama · 1857
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