Legal Opinion

Evans v. Clark

Supreme Court of Alabama

Decided January 15, 1835PublishedCited by 2 opinions

Error from Wilcox Circuit Court — Before the Hon. P. T. Harris. This cause was submitted without argument. The following is the opinion of the court:

1Opinion of the Court

By Mr. Chief Justice Saffolb :

Clark sued Evans in the Circuit Court, on a note dated “Cheraw, Oct. 8th, 1829.” The defendant introduced a witness who said he knew a place of that name in South Carolina, but none in this state.

The defendant moved the court to charge the jury, that if they believed from the testimony, that the note was made in South Carolina, they could give no interest without proof that such contracts carry interest in that state. This instruction was refused by the court. The record also shows, that no other testimony was introduced.

The refusal of the court to give the…

2Cited by2 opinions

  1. Holmes v. Bank of Fort GainesSupreme Court of Alabama · 1898
  2. Semple School for Girls v. YieldingAlabama Court of Appeals · 1918

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