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6 Port. 121

Murfs v. Harding

Supreme Court of Alabama

Decided June 15, 1837

Supreme Court of Alabama · decided 1837-06-15

In this case, the parties having appeared before the justice, on the investigation of the case, the defendants not being able to resist successfully the entire claim of the ¡plaintiffs, judgment was rendered against them for twenty dollars, and the costs. Defendants, being dissatisfied with the judgment, prayed an appeal to the next Circuit court, which was granted.

Decided 1837-06-15

ORMOND, J.

¶1This was an appeal from the judgment of a justice of the peace. The sum claimed was due by open account, and judgment was rendered for the plaintiffs, by the justice, for twenty dollars.

¶2On the trial, in the Circuit Court, the plaintiffs offered to establish the truth of the account, by their own oath, which .was refused by the court, on the ground that the interest, which had accrued on the judgment below, had increased the amount to more than twenty dollars — notwithstanding the plaintiffs offered to release the interest.

¶3There was judgment for the defendants, and writ of error to this court.

¶4The Circuit court erred. By the appeal, the cause was to be tried de novo. The account did not neces*123sarily cany interest; and if it did, it was in the power of the plaintiffs not to claim it-

¶5The judgment must be reversed and the cause remanded.

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