Caulfield v. Finnegan
Supreme Court of Alabama
Appeal from the City Court of Bridgeport. Tried before the Hon. S. W. Tate . This was a suit by the assignees of a promissory, note against the assignor. The suit was instituted on. November 22, 1894, by the appellants, Hop Caulfield and his wife, Mary Caulfield, against the appellee, Orrin Finnegan. The complaint as originally filed was demurred to, and was amended three different times ; demurrers having been interposed and sustained to each amendment.
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Appeal from the City Court of Bridgeport. Tried before the Hon. S. W. Tate . This was a suit by the assignees of a promissory, note against the assignor. The suit was instituted on. November 22, 1894, by the appellants, Hop Caulfield and his wife, Mary Caulfield, against the appellee, Orrin Finnegan. The complaint as originally filed was demurred to, and was amended three different times ; demurrers having been interposed and sustained to each amendment. The complaint as first amended reads as follows : “The plaintiffs, Hop Caulfield and wife, Mary Caulfield, claim of the defendant, Orrin…
1Opinion of the Court
BRICKELL, C. J —
The assignments of error relate to all the rulings of the court below, on the demurrers to the original and amended complaints, but the argument of counsel for the appellants is devoted exclusively to the rulings on the demurrer to the third, or last amended complaint, and it is to these only we will direct consideration.
The abstract states that this count describes the note, as in former counts. Adopting a liberal interpretation of the statement, we have referred to the former counts, as set out in the abstract, for a description of the note, and of the indorsement or…
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