Crawford v. Simonton & Co.
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by Simonton & Co. against W. H. Crawford. Judgment for plaintiff and defendant appeals. No brief came to the. Reporter. No brief came to the Reporter.
1Opinion of the CourtSimpson, J.
This action is by the appellee against the appellant on a promissory note. A number of pleas were filed by the defendant, among them plea 5, which alleged a material alteration of the note since its execution. The judgment entry recites that: “Plaintiff files replications to pleas 4 and 5, and issue being joined thereon,” etc. Replicátions to other pleas are set out in the record, but the replication to plea 5 does not appear.
The only insistence by the appellee is that “the court will hold that plaintiff filed said replication to plea 4 only, leaving plea 5 in the record without any demurrer…
2Cases cited6 opinions
- Elyton Land Co. v. Morgan & Co.Supreme Court of Alabama · 1889
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Alabama National Bank v. HuntSupreme Court of Alabama · 1899
- Willis v. RiceSupreme Court of Alabama · 1908
- Birmingham Railway & Electric Co. v. BakerSupreme Court of Alabama · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Paulausky v. Polish Roman Catholic UnionIndiana Supreme Court · 1942
- Louisville & Nashville Railroad v. ThomasonSupreme Court of Alabama · 1911
- Travitzky v. KnutsonNorth Dakota Supreme Court · 1957
- Falvo v. NicholesUtah Supreme Court · 1959