Porter v. Burleson & Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. S. D. Hale. The complaint in this case, and the judgment of the court, are as follows : “The plaintiffs, as late partners ip trade under the firm name of Burleson & Davis, claim of the defendant $485 02, due from him by account on the' 1st January, 1857 ; also, the like sum, for goods, wares and merchandize, sold by plaintiff to defendant in the year 1856, and due on the 1st January, 1857 ; and the like sum for…
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Appeal from the Circuit Court of Marshall. Tried before the Hon. S. D. Hale. The complaint in this case, and the judgment of the court, are as follows : “The plaintiffs, as late partners ip trade under the firm name of Burleson & Davis, claim of the defendant $485 02, due from him by account on the' 1st January, 1857 ; also, the like sum, for goods, wares and merchandize, sold by plaintiff to defendant in the year 1856, and due on the 1st January, 1857 ; and the like sum for money paid by plaintiffs for defendant, and at his request; which sums of money, with the interest, thereon,, are now…
1Opinion of the CourtA. J. Walker, C. J.
The action in this case was not “founded on any instrument of writing ascertaining the plaintiffs demand.” The rendering of a" judgment final, without th'e intervention of a jury, was not authorized by the statute ; and, upon a principle -repeatedly announced in this court, such action on the part of the court below was erroneous.^Code, § 2366 , Moreland v. Ruffin, Minor, 18 ; Philips v. Malone, ib. 110 ; Byrne v. Harris, ib. 286 ; Petigrew v. Petigrew, 1 Stew. 850 ; Chapman v. Arrington, 3 Stew. 480; Kennon v. McRae, 3 St. & P. 249 ; Amason v. Nash, 24 Ala., 279; Beville v. Reese, 25 Ala.…
2Cases cited4 opinions
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Amason v. NashSupreme Court of Alabama · 1854
- Beville v. ReeseSupreme Court of Alabama · 1854
- Chapman v. ArringtonSupreme Court of Alabama · 1831
3Cited by4 opinions
- Manhattan Fire Insurance v. Fowler & Co.Supreme Court of Alabama · 1884
- Florida Nursery & Trading Co. v. WatsonSupreme Court of Alabama · 1917
- Warwick v. BrooksSupreme Court of Alabama · 1880
- Rhea v. Holston Salt & Plaster Co.Supreme Court of Alabama · 1877