Tuttle v. Walker
Supreme Court of Alabama
Appeal from Macon Circuit Court. Tried before Hon. John P. Hubbard. This was an action of amj/m/psit for money had and received; was brought by J. W. and B. W. Walker, the appellees, against A. Gy Tuttle, the appellant; was commenced before a justice of the peace on the 10th of January, 1881, and was taken by appeal from the judgment of the justice, to the Circuit Court, where the cause was tried de novo.
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Appeal from Macon Circuit Court. Tried before Hon. John P. Hubbard. This was an action of amj/m/psit for money had and received; was brought by J. W. and B. W. Walker, the appellees, against A. Gy Tuttle, the appellant; was commenced before a justice of the peace on the 10th of January, 1881, and was taken by appeal from the judgment of the justice, to the Circuit Court, where the cause was tried de novo. Testimony was introduced on the trial tending to show, that the appellees rented land to ■one Henry Walton, for the year 1880, for a stipulated rent, and had also advanced to him during that…
1Opinion of the Court
BR1CKELL, C. J.
The single assignment of error is, that the Circuit Court erred in refusing three several instructions to the jury, requested by the appellant. The first was a general instruction, that if the jury believed the evidence they must find for the appellant. The bill of exceptions does not purport to state all the evidence which was introduced on the trial, and in the absence of such statement, it is obvious this court can not affirm there was error in the refusal of this instruction. And the evidence, so far as stated, is conflicting as to material facts. With propriety,…
2Cases cited1 opinion
- Hollingsworth v. ChapmanSupreme Court of Alabama · 1875
3Cited by2 opinions
- Coleman v. SilerSupreme Court of Alabama · 1883
- Pelzer v. Mutual Warehouse Co.Supreme Court of Alabama · 1928