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1 Minor 5

Jones v. Acre

Supreme Court of Alabama

Decided May 15, 1820

Supreme Court of Alabama · decided 1820-05-15

ON the 11th daybf May, 1811, a writ issued in the name of .James H. Campbell plaintiff, vs. Wm. B. Jones defendant, returnable to the Superior Court of Mobile county. At Oc-toberterm, 1811, Acre, as administrator of Campbell, declared in assumpsit against Jones, making profert of his letters of administration. General issue. The record then sets out as •of October term 1816. “The jury find for the SI 53 53.

Decided 1820-05-15

By the Court.

¶1As to the first assignment that there was no order of the Court for the admission of the administrator as a party, the plaintiff in error, by his plea to the declaration, waived the irregularity, and admitted that the administrator was a party. As to the second, that the number and names of the jury on the first trial did not appear, the first verdict was set aside, and we áre therefore not to enquire whether it was rendered by a legal jury. The third assignment, that the record does not shew at what term or for what amount judgment was rendered, we believe to be well taken, although the verdict is for a certain sum, it does not appear when it was r endered. We are not informed by the record what judgment the Court below should have rendered, or from what time interest should be calculated.

¶2ed. Let the judgment be reversed, and the Cause be remand-

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