Carter v. Long Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. On July 13,1897, the appellees, Long Bros., instituted the present suit, against I). K. Carter and J. B. Shields, the appellants; and counted upon a promissory note for $451.60. As originally frame*}, the 'complaint had three counts, but as the defendant’s demurrer was confessed as to the second count, no ‘further notice will be taken of it.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. On July 13,1897, the appellees, Long Bros., instituted the present suit, against I). K. Carter and J. B. Shields, the appellants; and counted upon a promissory note for $451.60. As originally frame*}, the 'complaint had three counts, but as the defendant’s demurrer was confessed as to the second count, no ‘further notice will be taken of it. The 1st and 3d counts declare upon an indorsement by defendants of a promissory waive note, made to J. W. and A. N. Elliot by the Jasper Stone Quarry Co., a body corporate, by…
1Opinion of the CourtSharpe, J.
To indicate the disposition of demurrers to the complaint- there appears in the record only a recital that “the defendants’ demurrers to the eompiaint as amended as above being refiled to counts 1, 3, 6 and 7 were overruled.” It has been several times ruled that the court’s action in passing on the demurrers must have been by a judgment, and to' be reviewable the record must show such judgment by appropriate words. For that purpose the record in question is insufficient. — Crawford v. Crawford, 119 Ala. 34; McDonald v. Railway Co. 123 Ala. 227; Jasper Mercantile Co. v. O’Rear, 112 Ala. 247;…
2Cases cited17 opinions
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- Ledbetter & Co. v. VintonSupreme Court of Alabama · 1895
- Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
- McDonald v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Ingalls Steel Products Co. v. Foster & Creighton Co.Supreme Court of Alabama · 1932
- Dantzler & Sons v. Swift Creek Mill Co.Supreme Court of Alabama · 1900
- Hamill v. McCallaSupreme Court of Alabama · 1934
14 more not listed; retrieve them via the Exa API.