Grigsby's ex. v. Nance
Supreme Court of Alabama
THE defendant in error, brought an action of assumpsit, against the plaintiffs, in the County Court of Dallas, on a promissory note, of the following tenor: Selma, July 18, 1838. Ninety days after date, I, John A. Cowles, as principal, and Uriah Grigsby and Henry Traun, as securities, jointly and severally promise to pay R. R. Nance, or bearer, five thousand dollars, value received, negotiable and payable at the Real Estate Bank of South Alabama, at Selma.
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THE defendant in error, brought an action of assumpsit, against the plaintiffs, in the County Court of Dallas, on a promissory note, of the following tenor: Selma, July 18, 1838. Ninety days after date, I, John A. Cowles, as principal, and Uriah Grigsby and Henry Traun, as securities, jointly and severally promise to pay R. R. Nance, or bearer, five thousand dollars, value received, negotiable and payable at the Real Estate Bank of South Alabama, at Selma. John A. Cowles, Uriah Grigsby, Henry Traun.” The defendants demurred to the declaration, but no notice seems to have been taken thereof.…
1Opinion of the Court
COLLIER, C, J.
It has been so often decided, as to be now indisputably settled, that where a defendant demurrs and pleads to the entire declaration, his plea being posterior in the order of proceeding, is a tacit withdrawal of the demurrer, or an admission that it should not be sustained; and he cannot be allowed to allege on error, the omission of the Court to render judgment upon it. It is not pretended, that the declaration is defective, if objectionable, the demurrer to the pleas might be visited upon it. The questions then to be considered are,
1. Can a party maintain an. action on a…
2Cited by12 opinions
- Wilson v. WilsonOregon Supreme Court · 1894
- Bryan v. WilsonSupreme Court of Alabama · 1855
- Robinson v. BullockSupreme Court of Alabama · 1877
- Bartlett v. McRaeSupreme Court of Alabama · 1843
- Estes v. DelpechCalifornia Court of Appeal · 1925
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