Volume 5 — Stewart & Porter's Alabama Reports (1831–1834)

The Trustees of the University of Alabama, by attorney, declared against John J. Winston, in debt, upon several bonds, for the payment of money. The writ in the action, was issued on the third day of January, 1831; and the bonds were due and payable — the first, on the third day of October, 1829; the second, on the third day of October, 1830; the third, on the sixth day of June, 1829; the fourth, on the sixth day of June, 1830; and the fifth, on the fourth day of March, 1830.

At January Term, 1833, of the Supreme Court of Alabama, an information, in the nature of a quo war-ranto was filed in this Court, by Peter Martin, Esq. Attorney General of the State of Alabama, wherein the said attorney general gave the Court to understand and be informed, that John W. Paul, Esquire, for the space of one month then last past, had, and then still did, use, without warrant or legal grant, the liberties and privileges of the office of Judge of the eighth…

This was a proceeding, by scire facias against bail, in the Circuit Court of Mobile. On the trial, judgment was given for the plaintiff; and to reverse that judgment, Magee prosecuted a writ of error to this Court.

In Jefferson Circuit Court, Robert P. Hoplcins declared in assumpsit, against John Cantley, as the maker of a promissory note; for that, whereas the said defendant, (with one Joseph Rogers,) theretofore, to wit, on the twenty-second day of October, A. D. 1831, at the County aforesaid, made their certain note, in writing, commonly called a promissory note, their own proper hand writing being to the said note subscribed; bearing date the day and year aforesaid; and then and…

William Black, administrator of Samuel Greenlee, deceased, for the use of John and Thomas Crowell, declared against John F. Everett, in the action of debt. The action was founded on the record of a judgment, rendered in one of the Circuit Courts in the State of Georgia, in favor of the intestate of the said Black, against the said Everett.

Error, on a decree hi Chancery, to the Circuit Court of Franklin.

This was an action of trespass, quare clausum fre-git; and was prosecuted by Duncan, against Potts, in Bibb Circuit Court. The declaration having been demurred to, and the demurrer .sustained; an amended declaration 'was , subsequently filed.

In this case, an action of detinue was brought, by Wilson Deshazo, against Seaborn Lewis, for the recovery of a negro slave. A trial being had, a verdict was rendered for the defendant; and on a bill of exceptions the cause was removed here. On the trial of the case, the plaintiff gave in evidence, an instrument of writing under the hand and seal of the defendant, in the following words, to wit: “The State of Alabama, Pike County.

George W. Roberts declared in assumpsit against Flood M. Kilpatrick, in the Circuit Court of Pickens.

In this case, an action was commenced by Pate before a justice of the peace of Bibb County, to recover of Henry the sum of ten dollars penalty, for neglect of duty as a ferry owner. In this trial the justice rendered judgment in favor of the defendant, from which the plaintiff appealed to the County Court.

This was a qui tam action, commenced by the plaintiff in error, who was the clerk of the County Court of Pickens County, in the County Court of that County, to recover of and from the defendants; the penalty imposed by law, for exhibiting a museum without license. The declaration conlplained of the defendants, that they render unto the said Bostick, the sum of . two hundred dollars which they owed and unjustly detained.

This was an action of assumpsit, in Shelby County Court, and was instituted by James Tate, guardian of Sally M’Guire, a minor. The cause of action was monies received by the defendant, to and for the use of the plaintiff’s ward.

In Montgomery Circuit Court, John Duncan, for the use of another, declared against Ware, Cowles and Robertson, executors of the last will and testament of Robert Ware, in assumpsit. The declaration contained sundry counts, for money had and received, &c. to and for the use of the plaintiff, by the said testator, in his life-time; and also by the defendants, as executors, &c. And the plea was non-as-sumpsit.

This case was upon a bill for injunction, in Mobile Circuit Court. The complainant, Ross, set out, that on or about the fifteenth of April, 1827, one Beckley, died in the County of Mobile, having previously made and published a last will and testament, by which he nominated and appointed the said Ross, and one Chiles, as his executors, and Sarah Beckley, his wife, as executrix.

In error from a decree in Chancery to the Circuit Court of Tuskaloosa.

Starke Washington and John P. Washington, as trustees for the use and benefit of the administrators of the estate of Charles King, commenced an action of detinue against Robert P. Balcer, for the recove» xy of a negro man slave, named Ben, At October term, 1831, the record states, the par» ties came, by their attornies, and thereupon came a jury, to wit, &c. who, being elected, tried and sworn, the truth to speak upon the issue joined, on their oaths do say, they find the…

Clair. This was an action of assumpsit, by John S. Edwards, the administrator of the goods and chattels, rights and credits, which were of Aaron Peirce, deceased, against Aaron Castleberry.

On the 13th day of December, 1830, at the County of Mobile, Barrett Ames, sued out process of attachment against the goods and effects of Samuel H. Middlebrook.

At a term of the Circuit Court of Walker County, begun and held on the first Monday after the fourth Monday in October, 1833, James Sullivan was indicted for arson — in that, in the County aforesaid, he wilfully unlawfully and maliciously did set fire to, and burn a certain dwelling house of one John Spur-geon. Under this indictment the prisoner was found guilty, and condemned to be executed. These were the facts proved on the trial.

In the Circuit Court of Montgomery County, at March term, 1829, William Blackwell declared in sundry counts in assumpsit, against John Thomason and Thomas Haynes, executors of the last will and testament of John B. Blackwell, deceased, for work and labor, on an account stated; money lent and advanced, and money had and received — all by and for the defendants’ testator, in his life-time.

In Montgomery Count)', Eobert Irvin, bearer of William Nichols, sued out a warrant against Jefferson Nichols, on a note of the latter, payable to William Nichols, in two thousand pounds of cotton. On the trial, before the justice, judgment was given for the plaintiff, from which the defendant took an appeal to the County Court.

James Hogan, haring recovered a judgment in the County Court of Tuskaloosa, against William Pur-nell, execution thereon was issued to the County of Greene, and levied upon four negro girls, slaves, and some other personal property, as of the estate of the defendant. This property was claimed by the oath of one Chapman, agent of Samuel, Stephen and Nancy Purnell; and on that claim, a trial of the right of property in the slaves was had, in the Circuit Court of Greene.

In this case, Turner, by warrant, before a justice of the peace of Pike County, sued Dawson, on a note of the latter, made payable to one Richmond, for eleven dollars and sixteen cents. The magistrate gave judgment, by off-set, for the defendant; from which he took certiorari to the County Court, where judgment was rendered lor Turner, for the sum of fourteen dollars and seventy cents.

This case was originally commenced before a jus-' tice of the peace in Montgomery County. It originated in a warrant, issued at the suit of Nibbs, for the use of Edwards, and was founded upon a promissory note, drawn by Moody, in favor of Nibbs, for the sum of sixty dollars. On this note were indorsed credits for the sum of fourteen dollars. Judgment was given by the justice, by default, for forty-eight dollars and thirty-five cents, in favor of the plaintiff.

Houston & Gillespie, assignees of Ann P. Eossell, brought an action of debt in Blount Circuit Court, against lisayc and Mar j Gabber: and the cause of action was a joint iwouhescry r.cte, signed by the defendants; and wade payaEe twelve months after date, in the sum of three hundred dollars, to Ann P, Rosseli, or order. bvhe wait wan cueev.tcd on both Isaac and Bicry Sadler.

In this case, an original attachment, in favor of the plaintiffs in error, against the defendant, as an absconding debtor, was taken, from the office of a magistrate of 'Lauderdale County: and was made returnable to the County Court.

This was a bill in Chancery, filed to the Fall term, 1825, of Greene Circuit Court, by Peter Fre-naye, for the object of foreclosing a… Held: under an act of Congress, passed on the third day of March, one thousand eight hundred and seventeen, entitled, “An act to set apart and dispose of certain public lands, for the encouragement of the cultivation of the vine and olive;” and a contract made pursuant to the said act, on the eighth of January, one thousand eight hundred…

This was an action of assumpsit, prosecuted in Greene County Court, by Burclet Eskridge, again,st Williamson Glover; and was brought to recover of the defendant, damages, for the non-performance of promises by the defendant, whereby, in exchange of horses, the defendant undertook to pay to the plaintiff the sum of fifty-five dollars.

This was an action of trespass on the case, in as-sumpsit by Bloodgood against Cammack, in Perry Circuit Court. The cause of action was a promissory note, executed by Samuel Cammack, on the nineteenth day of May, one thousand eight hundred and twenty-seven; and payable on the first day of January, thereafter, to the defendant, and indorsed by him to the plaintiff.

This action was assumpsit, by the plaintiffs in err ror, against Alwyn A. M’Whorter. The plaintiffs declared in the common counts, for goods, wares and merchandise, for money had and received; and on an account stated; and the defendant plead non-assumpsit, payment, set-off, and a balance due, from plaintiffs to defendant, for cotton sold by them — on which there was issue.

The action in this case was assumpsit; and was prosecuted in the Court below by Stephen Swaim, indorsee, against Ryder & Demott, as makers of a promissory note.

Clair. Samuel Caldwell, on the fifth day of July, one thousand eight hundred and thirty, sued' out a writ in trespass, de bonis asportatis, against John 8. Edwards, for taking and selling certain slaves, the property of the plaintiff. The record did not exhibit the nature of the pleas relied on, but showed a verdict and judgment in favor of the defendant; on which the defendant took a writ of error to this Court.

This action was assumpsit, by M’Losky & Hogan, against Rives & Mather, in Mobile Circuit Court. The cause of action was a note of hand, drawn by the defendants in favor of the plaintiffs, (below,) dated the twenty-first day of March, one thousand eight hundred and twenty-six, and payable at ninety days, in the sum of eight hundred and twenty-two dollars, and seventy-nine cents.

Jesse L. Kirk brought an action of trover against Allen Glover, for the recovery of the value of a sealed note; to which action the defendant plead the general issue; and a verdict and judgment were rendered in favor of the defendant. To reverse this judgment, the defendant - having filed exceptions, took a writ of error.

This was a hill in Chancery, filed by Ezra Styles Ely, executor of the last will and testament of Samuel Carswell, deceased, against Samuel Craig,… Held: in right of orator, to said Blow; to which the latter, at once, acceded. Blow, well knowing that Dawson had no authority over said note, except so far as related to its collection, immediately sought Craig, and influenced him to comply with the arrangement, by proposing time for the liquidation of the balance of the note.

James Randall declared in Pickens Circuit Court, in trespass on the case for malicious prosecution, against Robert Henry.

This was an action of trover, in Marengo County Court, by Henry Chiles, the administrator of the estate of Hatch Dent, against Gilford Cade and Tabitha Dent; and was prosecuted, for the recovery of six slaves, alleged to have been converted, by the defendants, to their own use. The declaration was in the usual form, consisting of several counts; and on the trial a verdict was rendered in favor of the plaintiff; and judgment given accordingly.

This was a judgment, or decree of the Orphans’ Court of Montgomery, rendered by that Court against Thomason and Haynes, executors of the last will and testament of John B. Blackwell, had upon a final settlement of that estate on the eleventh day of December, one thousand eight hundred and thirty. — The entry of the judgment, or decree, was in the following terms. “ Saturday, 11th December, 1830 — Court met pursuant to adjournment.

This case arose on a motion submitted to the Court below, for the quashing of an execution: and it was said, in support thereof, in that Court, that the same should be quashed — ■ First — Because there was no judgment to support the same.

This action was trespass to try titles, in Mobile Circuit Court; and was prosecuted by John B. Toul--min, against John Austin, for the recovery of a lot of land, in the city of Mobile. Under the plea of not guilty, a verdict was rendered in favor of the defendant; and the plaintiff, having taken, exception to the opinion of the Court, in sundry particulars, removed the cause here, by writ of error.

In this case, Ralph M’Gee sued out a writ in trespass to try titles, against Andrew Eastis, and Wiley Eastis, in the Circuit Court of Jefferson. The defendants plead not guilty, and on issue thereto, verdict and judgment were rendered for the defendants. During the progress of the tris»! below, the plaintiff hied a bill of exceptions to the opinion of the Court, on sundry points ; and under those exceptions, he prosecuted a writ of error.

This was a writ of error to the County Court of Jefferson, to revknv proceedings of that Court, whereby a judgment had been entered, on motion, against John B. Ayres, late sheriff, for the sum of two hundred and eighty-four dollars and thirty-six and one-half cents.

This was an action of debt, in Jefferson Circuit Court, (whither it had been transferred from the County Court, by consent,) by Reuben Wade, against David Killough, Allen Killough and George B. Killough : and the cause of action was a bond, in the penalty of four thousand five hundred dollars, executed by the defendants, to the plaintiff, and conditioned to execute land titles to certain premises, on or before the twenty-fifth day of December, one thousand eight hundred and…