Evans v. McMahan
Supreme Court of Alabama
The defendant in error declared against the plaintiffs in the Circuit Court of Pike, in an action of assumpsit founded on a promissory note.
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The defendant in error declared against the plaintiffs in the Circuit Court of Pike, in an action of assumpsit founded on a promissory note. The plaintiff pleaded in due form that the defendant had theretofore impleaded them for the same identical promises and undertakings in the declaration mentioned, and that at a term of the Court in which such suit was pending, “the said plaintiff (defendant in error) in proper person came into said Court, and confessed that he would not further prosecute his said suit against said defendant (plaintiff in error) and dismissed the same, and from the…
1Opinion of the CourtCollier, C. J.
— Though the judgment purports to have been rendered upon a demurrer interposed by the plaintiffs in error, the record does not discover such to have been the state of the pleadings. The defendant in error demurred to the plea, and thus we intend that the legal questions were presented to the Court. The recital in the judgment that the defendant’s demurrer was overruled is obviously a clerical mistake. The entry should, have described it as the plaintiff’s demurrer which was sustained; otherwise the plea would have been held sufficient in law, and required a replication. We feel the less…
2Cited by4 opinions
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- Cox v. Mayor of GriffinSupreme Court of Georgia · 1855
- Cunningham v. SchleySupreme Court of Georgia · 1881