Overdeer v. Wiley
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. The record does not show the name of the presiding judge. This action was brought by Wiley, Banks & Co., against Overdeer & Aughinbaugh, as partners, Benjamin E. Gibson, and Samuel C. Norwood; and was founded on the defendants’ promissory note for $300, dated June 6th, 1850, and payable May 1st, 1852. The defendants filed five joint pleas, the first of which was the general issue; and the others special pleas, the material portions…
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Appeal from the Circuit Court of Jackson. The record does not show the name of the presiding judge. This action was brought by Wiley, Banks & Co., against Overdeer & Aughinbaugh, as partners, Benjamin E. Gibson, and Samuel C. Norwood; and was founded on the defendants’ promissory note for $300, dated June 6th, 1850, and payable May 1st, 1852. The defendants filed five joint pleas, the first of which was the general issue; and the others special pleas, the material portions of which are stated in the opinion of the court. The sustaining of a demurrer to the several special pleas is the matter…
1Opinion of the CourtWalker, J.
The second, tliird, fourth and fifth pleas are joint pleas by all the four defendants, and set up the matters therein contained as defenses to the-entire action by all the defendants. The demurrers were properly sustained to those pleas, unless they were good defenses to the action as to all the defendants. If Gibson and Norwood alone were, upon the facts averred, free from liability on the note sued upon, a separate plea by them was necessary. A joint plea by the four defendants, which is bad as to Overdeer & Aughinbaugh, must also be bad as to the other two defendants. The principle is thus…
2Cited by8 opinions
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- Bomar v. RosserSupreme Court of Alabama · 1901
- Attalla Oil & Fertilizer Co. v. GoddardSupreme Court of Alabama · 1922
- Doe ex dem. Evans v. RichardsonSupreme Court of Alabama · 1884
- Bishop v. WoodSupreme Court of Alabama · 1877
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