Hamblin v. McLendon
Supreme Court of Alabama
Appeal from the Circuit Court’ of Chambers. Tried before the -Hon. Robert Dougherty, ‘‘This action was’commenced in a justice’s court, on the 26th February, '1855* and was removed by the defendant into the- circuit--court, where, at the fall term, 1857, the plaintiffs' filé A a¡complaint, claiming the following--sums, alleged to be due by open account for goods sold and de~ livered, to-wit: '$13 05, due on the 25th December, 1851 %, $18- 62, due on the 25th December, 1852 ;…
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Appeal from the Circuit Court’ of Chambers. Tried before the -Hon. Robert Dougherty, ‘‘This action was’commenced in a justice’s court, on the 26th February, '1855* and was removed by the defendant into the- circuit--court, where, at the fall term, 1857, the plaintiffs' filé A a¡complaint, claiming the following--sums, alleged to be due by open account for goods sold and de~ livered, to-wit: '$13 05, due on the 25th December, 1851 %, $18- 62, due on the 25th December, 1852 ; and $18 38, due on the 25th December, 1853 ; together with interest on these several sums from the time when they…
1Opinion of the CourtStone, J.
When this case was before us at a former term, (34 Ala. 86,) it appeared from the bill of exceptions, - that the competency of the parties as witnesses was determinable by section 2779 of the Code. We then laid down a’rule to be observed in appeal cases, when the amount in controversy is ever twenty, and not exceeding fifty dollars. The -circuit court followed that rule on the second trial; and from its various rulings this appeal is prosecuted. The amount sued for did not originally exceed fifty dollars ; but when the last trial took place,-'March term, 1860, interest had swelled the amount…
2Cases cited6 opinions
- English v. WilsonSupreme Court of Alabama · 1859
- Buford v. GouldSupreme Court of Alabama · 1859
- Waring v. HenrySupreme Court of Alabama · 1857
- McLendon & Robinson v. HamblinSupreme Court of Alabama · 1859
- Flash, Hartwell & Co. v. FerriSupreme Court of Alabama · 1859
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