Duffee v. Pennington
Supreme Court of Alabama
THIS was an action of assumpsit brought by the defendant in error in the County Court of Tuscaloosa. The cause of action is a promissory note of the following tenor: “ Dollars 750 00. Tuscaloosa, January the 2d, 1837. “ On the first day of January, eighteen hundred and thirty. nine, I promise to pay Abel Pennington or bearer, seven hundred and fifty dollars, for value received. “ MATTHEW DUFFEE.” The case was tried on the pleas of non assumpsit, payment and set off.
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THIS was an action of assumpsit brought by the defendant in error in the County Court of Tuscaloosa. The cause of action is a promissory note of the following tenor: “ Dollars 750 00. Tuscaloosa, January the 2d, 1837. “ On the first day of January, eighteen hundred and thirty. nine, I promise to pay Abel Pennington or bearer, seven hundred and fifty dollars, for value received. “ MATTHEW DUFFEE.” The case was tried on the pleas of non assumpsit, payment and set off. On the trial, a bill of exceptions was certified by the presiding judge, in which among other things, it appears that the…
1Opinion of the CourtCollier, C. J.
— The counsel for the. defendant in error insists that the bill of exceptions does not present the legal question intended to be raised, in such a manner as to authorize this court to consider it, that as the point to which the examination was to be directed is not stated, the court cannot know that it would have been pertinent and within the scope of the issue; and.consequently cannot say that the decision of the county court ope. rated to the prejudice of the plaintiff. In answer to this argument, it may be remarked that the rejection of the party as a witness, does not seem to have been…
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