Penton v. Williams
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before 1-Ion. A. H. Alston. Action by J. A. Penton against joe Williams. Judgment for defendant, and plaintiff appeals.
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Appeal from Coosa Circuit Court. Heard before 1-Ion. A. H. Alston. Action by J. A. Penton against joe Williams. Judgment for defendant, and plaintiff appeals. The complaint in this cause is in the following language: “(1) Plaintiff claims of the defendant the sum of seventy-five dollars, with .the interest thereon, by written instiument under seal executed by the defendant on July 2, 1904, due and payable to plaintiff ten days after date; and plaintiff further avers that in said instrument defendant promised to pay a reasonable attorney’s fee for collecting, and plaintiff avers that fifteen…
1Opinion of the CourtSimpson, J.
This action was commenced in the justice of the peace court on a complaint describing a sealed instrument with waiver of exemptions. In the circuit court, a count was added, omitting the waiver of exemption clause, and stating that the defendant executed the instrument by having his name signed thereto and making his mark. Defendant demurred to count No. 2 of the complaint as amended.
The first cause of demurrer, as it appears on the record Is unintelligible, to wit: That it is ^an attempt *156to prove a count declaring on a waiver instrument without a wmiver.” The second cause is that the count…
2Cases cited5 opinions
- Bates v. HarteSupreme Court of Alabama · 1899
- Bickley v. Keenan & Co.Supreme Court of Alabama · 1877
- Brown v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1895
- Wimberly v. DallasSupreme Court of Alabama · 1875
- Alabama Warehouse Co. v. LewisSupreme Court of Alabama · 1876
3Cited by4 opinions
- McGowan v. CollinsSupreme Court of Alabama · 1908
- Penton v. WilliamsSupreme Court of Alabama · 1909
- Lessley v. StateAlabama Court of Appeals · 1922
- Planters' Chemical & Oil Co. v. MorrisAlabama Court of Appeals · 1924