Bradford v. Barclay
Supreme Court of Alabama
Appeal from tbe Circuit Court of Coosa County. Tried before tbe Hon. John Henderson. This was an action of assumpsit, brought before tbe promulgation of tbe Code of 1852, by tbe appellee, against tbe appellant.
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Appeal from tbe Circuit Court of Coosa County. Tried before tbe Hon. John Henderson. This was an action of assumpsit, brought before tbe promulgation of tbe Code of 1852, by tbe appellee, against tbe appellant. Tbe record contained neither declaration, nor plea, but tbe judgment entry recited that tbe “parties came by their attorneys,” and that tbe jury, who were duly “ sworn and charged to try tbe issue joined between tbe parties,” returned a verdict in favor of tbe plaintiff, (appellee,) on which tbe judgment was rendered. Tbe record contains tbe copy of an agreement, which is in these,…
1Opinion of the CourtB Yed, J.
1. The parties went to trial without declaration or pleas, so far as the record discloses, and a verdict was returned in favor of appellee, and a judgment rendered thereon.
The judgment entry shows that a jury was sworn “to try the issue joined by the parties.” Upon this state of the record, this court will presume that a declaration and plea were filed. The transcript contains an agreement signed by the attorney of the plaintiff, in which “it is mutually agreed that the defendant may be considered as pleading everything that will be a bar to plaintiff’s right to recover, and that plaintiff…
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