Neff v. Edwards

• Citation: 2 So. 88,81 Ala. 246
• Parties: NEFF AND OTHERS v. EDWARDS.
• Decision Date: 24 February 1887
• Court: Supreme Court of Alabama

2 So. 88

81 Ala. 246

NEFF AND OTHERS v. EDWARDS.

Supreme Court of Alabama

February 24, 1887

Appeal from circuit court, Blount county.

Action on promissory note.

This action was commenced in a justice's court, June 10, 1884 and was brought by Isaac Edwards against John Neff, Anna Neff, William Schiels, Jesse Thornton, Louis Kirschmer, R. L Chamblee & Bro. On the trial in the said court, John Neff and Anna Neff had not been found, Jesse Thornton made default and judgment was rendered against R. L. Chamblee, James P Chamblee, William Schiels, Louis G. Kirschmer, and Jesse Thornton, from which appeal was taken to the circuit court. In the latter court the statement filed by the plaintiff claimed "of the defendants the sum of seventy-five dollars, due by promissory note, made by the defendants on the twenty-first day of April, 1883, and payable on the twenty-first day of July, 1883, with interest thereon, and the plaintiff avers that in said note, and as a part thereof the defendants waived all right to claim any of their property as exempt from levy and sale or other legal process under the laws of the state of Alabama." The said statements contained three other counts substantially similar to the above. The cause was tried in the circuit court on October 14, 1885, and the judgment entry recites:

"Comes the plaintiff by his attorney, and also come the defendants William Schiels, Jesse Thornton, Louis Kirschmer, R. L Chamblee, and J. P. Chamblee, by their attorneys, and the defendants John Neff and Anna Neff, being solemnly called to come into court and defend this suit, came not, but make default. It is therefore considered by the court that the plaintiff have and recover judgment by default against the said John Neff and Anna Neff, the defendants who fail to appear, for the sum of seventy-eight dollars and thirty-nine cents, the damages in the complaint of plaintiff claimed, together with the costs in this behalf expended. And, the issues being joined between the plaintiff and the other defendants above named, therefore comes a jury of good and lawful men, to-wit, William D. Boker and eleven others, who being duly elected, impaneled, sworn, and charged according to law, upon their oaths do say: 'We, the jury, find the issues in favor of the plaintiff against the defendants R. L. Chamblee, J. P. Chamblee, William Schiels, and Jesse Thornton, and assess his damages at the sum of seventy-eight dollars and thirty-nine cents, and in favor of the defendant Louis Kirschmer.' *** It is therefore considered by the court that the plaintiff have and recover judgment against the defendants John Neff, Anna Neff, William Schiels, Jesse Thornton, R. L. Chamblee, and J. P. Chamblee for the sum of seventy-eight dollars and thirty-nine cents, the damages by said jury so assessed, together with the costs in this behalf expended, for which let execution issue, with said waiver of exemption thereon indorsed. And it further appearing to the court the cause was brought to this court by the defendants making an appeal-bond in the sum of one hundred and forty 12-100 dollars, with N. J. Chamblee and John T. Arnold as their sureties, and conditioned to prosecute their appeal to effect, and failing therein to pay such judgment, both as to debt and cost as may be rendered against them by this court, it is therefore considered by the court that the plaintiff have and recover judgment against the defendants, and N. J. Chamblee and John T. Arnold, as their said sureties, for said sum of seventy-eight dollars and thirty-nine cents, and the costs of this case, both...