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Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
McClurg, for plaintiff; J. M. Taylor, for defendant in error.
JUDGE MINORIn this case it is assigned as error, that the declaration does not aver that the amount due had not been paid by the co-obligator of Clay. This averment was not necessary. If Clay believed that such as the fact, he could have availed himself of it by plea. Miller v. Sneads, ante., 27. It is also assigned as error, that the Circuit Court rendered judgment for more than the plaintiff by his own showing was entitled to recover. The declaration demands $90.75, with interests thereon at the rate of 30 per cent, per annum. It describes an obligation of Clay and Trigg, to pay $90.75, due twelve months after date, not avering or showing that the obligors by the bond stipulated for any specific rate of interest. The Circuit Court, on overruling the defendant's demurrer, rendered judgment for $90.75 debt and $70 damages, being the interest at the rate of 30 per cent per annum. In the contrast, as it appears on the record, no specific rate of interest is expressed. For this cause the judgment of the Circuit Court must be reversed, and judgment rendered here for the principal, and interest thereon at the rate of 8 per cent, per annum.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), pp. 164-165.