¶1It does not appear that the defendant excepted to the charge of the court. The words at the conclusion, “ and this is signed and sealed as plaintiff’s.bill of exceptions,” are not equivalent to an exception, though we might infer that the word “plaintiff’s” is a clerical mistake for “ defendant’s.” On the authority of Milton v. Rowland, (11 Ala. 732,) Mahoney v. O’Leary, (34 Ala. 97,) and other cases decided by this court, the judgment of the court below is affirmed.
40 Ala. 295
Foster v. Hightower
Decided June 15, 1866
Supreme Court of Alabama · decided 1866-06-15
- Tried before tbe Hon. Bobert Dougherty. This action was brought by Joshua Hightower, against Charles Foster; was founded on a promissory note executed by tbe defendant, payable to one Benjamin Jowers, and endorsed by him to tbe plaintiff; and was commenced on tbe 7th January, 1858.
Relies on Milton v. Rowland · Mahoney v. O'Leary
Decided 1866-06-15