Patterson v. Blakeney
Supreme Court of Alabama
Appeal from tlie Circuit Court of Greene. Tried before the Hon. John Gill Shorter. This action was brought by Hugh Blakeney, against Claiborne Patterson, to recover tbe amount of an open account for $58,59, due on the 1st January, 1856. The only plea was the general issue. On the trial, the plaintiff introduced the deposition of Eranklin Blakeney, who testified, in answer to interrogatories, as follows: “ I am acquainted with the parties to the suit.
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Appeal from tlie Circuit Court of Greene. Tried before the Hon. John Gill Shorter. This action was brought by Hugh Blakeney, against Claiborne Patterson, to recover tbe amount of an open account for $58,59, due on the 1st January, 1856. The only plea was the general issue. On the trial, the plaintiff introduced the deposition of Eranklin Blakeney, who testified, in answer to interrogatories, as follows: “ I am acquainted with the parties to the suit. Hugh Blakeney merchandised in Eorkland, Greene county, Alabama, in 1854 and 1855, and I was his clerk. I have examined the account hereto…
1Opinion of the Court
EICE, C. J.—
Even if the court below was right in overruling the defendant’s demurrer to the evidence, it was in error in ascertaining the damages; for, upon a demurrer to evidence, if the court determines the issue in favor of the plaintiff, section 2352 of the Code requires that the damages, if unliquidated, should be ascertained by a jury; and here the damages are unliquidated. Handley v. Dobson, 7 Ala. 359.
[2.] The court below was right in overruling the demurrer to the evidence; because there was some evidence, from which the jury might legally have inferred and found, at least, that some…
2Cases cited2 opinions
- Boyd v. GilchristSupreme Court of Alabama · 1849
- Handley v. Dobson's Adm'rSupreme Court of Alabama · 1845
3Cited by3 opinions
- Warwick v. BrooksSupreme Court of Alabama · 1880
- Curtis & Gartside Co. v. PiggSupreme Court of Oklahoma · 1913
- Nichols v. Central Vermont Railway Co.Supreme Court of Vermont · 1919