Smith v. Nelson
Supreme Court of Alabama
Wuit of error to the Court of Chancery for Lowndes county. On the first of September, 1842, the plaintiff in error filed his bill against the defendant, stating that Stewart Farley, now deceased, made his promissory note on the 18th July, 1840, by which he promised to pay to Gilchrist & Bedford the sum of three hundred and fifteen 39-100 dollars one day after date; that the note was endorsed by the payees to the defendant, who, on on the 29th of September, 1840, brought an…
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Wuit of error to the Court of Chancery for Lowndes county. On the first of September, 1842, the plaintiff in error filed his bill against the defendant, stating that Stewart Farley, now deceased, made his promissory note on the 18th July, 1840, by which he promised to pay to Gilchrist & Bedford the sum of three hundred and fifteen 39-100 dollars one day after date; that the note was endorsed by the payees to the defendant, who, on on the 29th of September, 1840, brought an action thereupon against the maker in the circuit court of Lowndes. It is further stated, that after the execution and…
1Opinion of the CourtCollier, C. J.
1. I am inclined to think that neither the complainant nor the counsel employed by him, are justly chargeable with neglect in not having resisted a judgment in the circuit court. The suit could not have been regularly tried at the term to which the scire facias was returned, if the complainant objected; all that was necessary for him to do, was upon being made a party, to claim a continuance. He retained an attorney, and instructed him to take this course. The cause was never regularly reached, so that, according to the order of proceeding, no judgment by default should have been rendered.…
2Cases cited1 opinion
- Miller's executors v. RiceSupreme Court of Virginia · 1823
3Cited by2 opinions
- Reynolds v. CarterSupreme Court of Alabama · 1858
- Lambert v. MallettSupreme Court of Alabama · 1873