Herndon v. Givens
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. Nathan Cook. Tins was a suit commenced in the Circuit Court of Talla-dega by attachment sued out at the instance of the defendant against the plaintiff in error, to recover the amount due on a promissory note, executed by John and William Tidmore to Herndon and Kelly, and endorsed and delivered by the plaintiff to the defendant in error.
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Error to the Circuit Court of Talladega. Tried before the Hon. Nathan Cook. Tins was a suit commenced in the Circuit Court of Talla-dega by attachment sued out at the instance of the defendant against the plaintiff in error, to recover the amount due on a promissory note, executed by John and William Tidmore to Herndon and Kelly, and endorsed and delivered by the plaintiff to the defendant in error. A plea in abatement is found in the record, but nothing to indicate what disposition was made of it. The declaration contains seven counts, and the defendant below demurred to the second and…
1Opinion of the CourtCollier, C. J.
We think.the-demurrer 'to the declara-■ tion was rightfully overruled. Each count distinctly alleges a promise- to pay the indebtedness- stated, .and the consideration set out in them is altogether sufficient to.sustain the promise.This conclusion- is so obvious-from the-mere-reading of the declaration-,, that we do not deem it necessary to give to. the counts a more special notice.
*2672. The act of 1807 enacts, that “ no freeholder of this State shall be sued out of the county of his permanent residence,, provided the same be within this State,, unless it be in the actions enumerated in the last…
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