Townsend v. Jeffries' Executors

Citations

• 17 Ala. 276

Syllabus

<p>1. A presumption against the express averment of the record cannot be indulged even in support of the judgment.</p> <p>2. Where therefore the record shows that an issue was made up between the partios, and the judgment entry recites that the jury were sworn “ to ascertain and assess the said plaintiff’s damages,” it cannot be intended that they were sworn to try the issue, nor will the fact that they passed upon it cure the defect.</p>