Tankersley v. Richardson
Supreme Court of Alabama
The record in this cause shews that on the 30th of March, 1824, a writ issued against Richard Tankersley, to answer unto Thomas Richardson, as surviving partner of the firm of Richardson fy Blake, in a plea of trespass on the case, to the damage of the plaintiff of $1000. The writ was returnable to the April term of Mobile Circuit Court, and was executed. No endorsement of the cause of action appeared on the writ.
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The record in this cause shews that on the 30th of March, 1824, a writ issued against Richard Tankersley, to answer unto Thomas Richardson, as surviving partner of the firm of Richardson fy Blake, in a plea of trespass on the case, to the damage of the plaintiff of $1000. The writ was returnable to the April term of Mobile Circuit Court, and was executed. No endorsement of the cause of action appeared on the writ. After the writ in the record, the following entry appears: “This cause having been referred to the arbitrament of Amos Woodward and William Barnwell, and they having made this…
1Opinion of the Court
By JUDGE COLLIER.
Five several matters, assigned for error in this cause, are presented for our consideration. By an act of 1807, c entitled “an act establishing Superi or Courts, and declaring the powers of the Territorial Judges,” the clerk or plaintiff’s attorney, is directed to endorse on the writ the cause of action, and the sheriff is di*132reeled on executing the writ, to deliver to the defendant a copy of the endorsement. The statute does not consider the endorsement as an essential constituent of the suit: it rather -seems to consider them as distinct, yet, at some stage of the…
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