Gunn v. Howell
Supreme Court of Alabama
Berob from the Circuit Court of Chambers. Tried before the Hon. Nat. Cook. This action was brought by Larkin E. Gunn against Isaac Howell, to recover the proceeds of certain promissory notes, amounting in all to about $2,500, which plaintiff had placed in defendant’s hands for collection. The declaration contained a special count on the contract, and the common money counts.
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Berob from the Circuit Court of Chambers. Tried before the Hon. Nat. Cook. This action was brought by Larkin E. Gunn against Isaac Howell, to recover the proceeds of certain promissory notes, amounting in all to about $2,500, which plaintiff had placed in defendant’s hands for collection. The declaration contained a special count on the contract, and the common money counts. The defendant pleaded the general issue, payment, set-off, former adjudication, the statute of limitations, in short by consent; and his sixth plea was as follows :— “ That plaintiff ought not to have qr maintain his…
1Opinion of the CourtGoldthwaite, J.
The first question presented upon the record, is as to the sufficiency of the sixth plea.
This plea sets out a judgment against the appellant, Gunn, who was the plaintiff below, and one Jones, in favor of James M. Calloway, rendered in the Superior Court of Taliaferro county, Georgia, which court (it avers) had jurisdiction. It then avers, that the administrators of Calloway, Malcolm Johnston and Samuel Johnston, made affidavit, pursuant to the statute of the State of Georgia, of the amount of the indebtedness, &c., and at the same time gave bond and security, as required by the laws of…
2Cases cited12 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- President of the Bank of the United States v. Merchants Bank of BaltimoreCourt of Appeals of Maryland · 1848
- Mills & Co. v. StewartSupreme Court of Alabama · 1847
- Taliaferro v. LaneSupreme Court of Alabama · 1853
- Scott, Trotter & Tilford v. ColemanCourt of Appeals of Kentucky · 1824
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3Cited by60 opinions
- Martin v. MartinSupreme Court of Alabama · 1911
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1876
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Driggers v. CassadySupreme Court of Alabama · 1882
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
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