McWalker v. Branch of the Bank of the State at Mobile
Supreme Court of Alabama
Writ of error to the Circuit Court of Mobile county. JUDGMENT on motion by the Bank against the defendant. The judgment entry recites that the Bank moved for judgment against the defendant, as the maker of a promissory note,, payable to Andrew Armstrong, Cashier, or bearer, and negotiable and payable at the said Bank. But does not show the legal title to be in the Bank, by averment or otherwise. This matter, with others, is now assigned as error.
1Opinion of the CourtGoldth Waite, J.
We have repeatedly held, that where a judgment by default is had in these summary proceedings, that the judgment entry must show affirmatively, every fact and circumstance which is necessary to support the jurisdiction of the Court; and also, in judgment by default, to show the legal liability of the defendant. In the present case, the note is averred to have been made payable to Andrew Armstrong, Cashier, and it does not appear from this, that the Bank has any legal interest in the note. It is said to be the universal custom of this Bank, to take notes of this description for its loans, &c.…
2Cases cited1 opinion
- Wild v. Bank of PassamaquoddyU.S. Circuit Court for the District of Maine · 1825
3Cited by3 opinions
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Burdine v. Grand Lodge of AlabamaSupreme Court of Alabama · 1861
- Chambers v. FalknerSupreme Court of Alabama · 1880