[Return to Alabama Supreme Court Cases]Genealogical Gleanings FromReports of Cases Determined in theSupreme Court of Alabama, 1820-1826JUDGE SAFFOLD—In this case the writ of error, as issued by R. Tankersly, as clerk, bears date 1st September, 1823, after the expiration of his term of office. The defendant in error moves to quash the writ, and produces a copy of the citation issued 17th of June, 1823, showing that a writ of error had previously issued. Neither this nor the corresponding transcript of the record had been filed. He moved to quash the writ of error, and for an affirmation of the judgment was on an unliquidated demand, and contends, under the authority of the Statute of 1819, that no damages are recoverable. This act provides that “in all cases bottomed on a contract, note, agreement, or liquidated account, where the judgment of the Circuit Court may be affirmed, fifteen per cent, damages shall be allowed,” etc. Admitting that this transcript is sufficiently before us to show that the action was not founded on a liquidated demand, the Act of 1820 directs that whenever the judgment of a Circuit Court shall, on appeal or writ of error, be affirmed, ten per cent damages to actions founded on liquidated demands, but allows them at the rate last mentioned in all cases where the judgment of a Circuit Court may be affirmed by this court. The terms of the last statute are general, not restricted like the first, as to the description of actions; and in this respect, as well as in amount of damages, the first is clearly contravened by the last. If it were for us to consider the reason and policy of the statutes, it would seem that an obstinate debtor who refuses to liquidate his debt, should not be benefited by his injustice; and even in actions ex delicto, the satisfaction of the judgment should not be delayed without responsibility for damages. It is the unanimous opinion of the court that the judgment of the Circuit Court be affirmed, with ten per cent damages. Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), p. 136. |
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