Broyles v. Maddox
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. W. L. Whitlock. The facts will be found in the opinion. The appellee now moves the court to dismiss the appeal in this case, because there has been no final judgment rendered in the case.
1Opinion of the CourtPeck, C. J.
At the April term of the circuit court of Calhoun county, in the year 1867, the appellant, as plaintiff, recovered a judgment against the appellees, for the sum of $1726, besides costs.
This judgment was recovered on a note, given by the defendants to the plaintiff, in the year 1860, for a slave sold by plaintiff to them, with warranty of soundness. The note was due in the year 1861.
On the trial, the defendants set up the unsoundness of *358the slave as a defense, and reserved exceptions to the charge of the court on that subject.
To revise this judgment, the defendants sued out an appeal to the…
2Cases cited3 opinions
- Ex parte RobbinsSupreme Court of Alabama · 1856
- Ex parte ColeSupreme Court of Alabama · 1856
- Smith v. StateSupreme Court of Alabama · 1853
3Cited by4 opinions
- Griffin v. ProctorSupreme Court of Alabama · 1943
- State v. BibbyCourt of Criminal Appeals of Alabama · 1971
- Hatchett v. MilnerSupreme Court of Alabama · 1870
- Fuller v. BoggsSupreme Court of Alabama · 1873