Kendall v. Lassiter
Supreme Court of Alabama
Appeal from the Circuit of Barbour. Tried before the Hon. H. D. ClaytoN. This action was brought by Matthew Lassiter, against Phil. McKay and James T. Kendall, as joint makers of a promissory note for $256, payable to the plaintiff or bearer ; and was commenced on the 11th October, 1878. Both of the defendants were served with process, but neither appeared or pleaded, so far as the record shows.
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Appeal from the Circuit of Barbour. Tried before the Hon. H. D. ClaytoN. This action was brought by Matthew Lassiter, against Phil. McKay and James T. Kendall, as joint makers of a promissory note for $256, payable to the plaintiff or bearer ; and was commenced on the 11th October, 1878. Both of the defendants were served with process, but neither appeared or pleaded, so far as the record shows. At the November term of the court, 1878, a judgment was rendered in the cause, in these words: “ Came the plaintiff, by attorney, and asks leave of the court to amend his complaint, by striking out…
1Opinion of the CourtStone, J.
It has been too long settled,, and too often decided by this court, that a discontinuance, without sufficient cause shown, as to one of several defendants who has been served with, process, is a. discontinuance of the entire-action, to be now regarded as an open question.—2 Brick. Dig. 369, § 124; Fennell v. Masterson 43 Ala. 268; Huff v. Davison, 44 Ala, 273; Bachus v. Mickle, 45 Ala. 445; Ex parte Wilson, 54 Ala. 296; Reynolds v. Simpson, at present term.The present suit was brought against two defendants, as comakers of a promissory note. Summons was- issued and served on both. Neither…
2Cases cited3 opinions
- Ex parte WilsonSupreme Court of Alabama · 1875
- Fennell v. MastersonSupreme Court of Alabama · 1869
- Bachus v. MickleSupreme Court of Alabama · 1871
3Cited by4 opinions
- Jones v. EngelhardtSupreme Court of Alabama · 1885
- Plunkett v. DendySupreme Court of Alabama · 1916
- Payne v. SatterfieldTennessee Supreme Court · 1904
- Beecher v. HendersonAlabama Court of Appeals · 1912