2 Ala. 694 | Ala. | 1841
The charge when examined means nothing nior'e than 'this, that the notice to sue was such a matter as .enured to the ben
So, in the present case, the complaint is, that the Circuit Court did not, of its own mere motion, inform the jury what were the facts necessary to constitute a new contract between the plaintiff and the principal debtors.
It is not necessary to controvert the position-that juries may be misled by charges which are obnoxious fo no legal criticism. The case of Sims v. Sims, 8 Porter 449, presents an example of such a charge; but there it was immediately connected with the evidence, and the result showed, that the jury was misled by it. It is not impossible, that in this case the jury may have been misled by the generality of the charge; but there is
There is no error, and the judgment is affirmed.