Wharton v. Cunningham
Supreme Court of Alabama
Appeal from Circuit Court of Etowah. Heard before Hon. W. L. Whitlock. This is an action at law commenced by summons and complaint, issued on the 16th day of October, 1866. Wharton, executor, was plaintiff below, and Cunningham and others, were defendants. There was a judgment, on verdict, for the plaintiff, but for a much less sum than that claimed in the complaint. From this judgment said plaintiff takes this appeal.
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Appeal from Circuit Court of Etowah. Heard before Hon. W. L. Whitlock. This is an action at law commenced by summons and complaint, issued on the 16th day of October, 1866. Wharton, executor, was plaintiff below, and Cunningham and others, were defendants. There was a judgment, on verdict, for the plaintiff, but for a much less sum than that claimed in the complaint. From this judgment said plaintiff takes this appeal. The other facts upon which the case turns are sufficiently set out in the opinion of the court. There was a motion in this court to strike the bill of exceptions from the…
1Opinion of the CourtPeters, J.
This is an action of debt, founded on three several instruments in writing, called in thepleadings promissory notes or bonds. They are payable to the appellant, as the executor of William Wharton, deceased. One is for one thousand and sixty-nine dollars and sixty cents, made on the 24th day of November, 1863; another for five hundred and eighty-one dollars and sixty cents, made on the 17th day of March, 1862 ; and a third for eighteen thousand, one hundred and two dollars, made on the 11th day of March, 1864. Each of said debts are pay*594able twelve months after the respective notes or bonds, bv…
2Cases cited4 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- Herbert & Gessler v. EastonSupreme Court of Alabama · 1869
- Hill v. ErwinSupreme Court of Alabama · 1870
- Fath v. BlissSupreme Court of Alabama · 1869
3Cited by1 opinion
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921