[Return to Alabama Supreme Court Cases]
Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
THE CHIEF JUSTICE.In this case there are three assignments of error: 1st. The charge of the court was erroneous, as set fourth in the bill of exceptions. 2d. The find of the jury was without issue or plea. 3d. The plea of the statue of usury was not put in.
The counsel proposed to abandon the two last assignments, in order to obtain the opinion of the court on the first. But we are of opinion that a charge to a jury must apply to an issue, in order to be the subject of review here. If there was no issue, no jury or charge was required.
Judgment reversed, and cause remanded.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), p. 29.
GenealogyMagazine.com - Copyright © 2000-2013 Datatrace Systems