Gaston v. Parsons
Supreme Court of Alabama
Errtn- to Vf licor: County court. Assumpsit on loIc. In this case, Cachón was cued by Parsons in the County court of Wilcox tounfy, and pleaded the pendency of another suit for the same cause of action, in abatement.
Read the full summary
Errtn- to Vf licor: County court. Assumpsit on loIc. In this case, Cachón was cued by Parsons in the County court of Wilcox tounfy, and pleaded the pendency of another suit for the same cause of action, in abatement. No replication or bane appeared on the record., The judgment entry etc ted: !! this day came came the parties, by their attorneys, and the plaintiff has leave to dismiss his suit in the Cjircn.it court; and the defendant sayeth nothing further ia bar or in preclusion of the plaintiff’s right of action, hut against the.plaintiff leaves himself wholly undefended; it is therefore…
1Opinion of the Court
GOLDTHW AITE, J
— The judgment entry, unexplained, would induce the belief, that the defendant in the court below withdrew his plea, and assented to the rendition of a judgment for .the amount of the note; but the bill of exceptions satisfactorily shows, that the-plea in abatement was not withdrawn, or the defence abandoned. The defendant might have insisted on his right to a judgment of non -pros, for want of a replication to his plea. The omission so to do, did not place him in a de fenceless condition, or authorise the court to render any judgment against him; and the County court erred in…
2Cited by2 opinions
- McCollom v. HoganSupreme Court of Alabama · 1840
- Skelton v. WeaverSupreme Court of Alabama · 1957