Murphy's adm'rs v. Branch of the Bank of Alabama
Supreme Court of Alabama
ERROR to the Circuit Court of Mobile. In this case, it appears, a note had been given by John Murphy, deceased, D. R. W. McRae, Francis B. Carter, W. R. Hamilton, and W. Henderson, to B. Gayle, cashier, or bearer-, for the payment of $ 14,136 46-100, for value received, twelve months after date, payable and negotiable at the Branch Bank at Mobile.
Read the full summary
ERROR to the Circuit Court of Mobile. In this case, it appears, a note had been given by John Murphy, deceased, D. R. W. McRae, Francis B. Carter, W. R. Hamilton, and W. Henderson, to B. Gayle, cashier, or bearer-, for the payment of $ 14,136 46-100, for value received, twelve months after date, payable and negotiable at the Branch Bank at Mobile. When the note fell due, default having been made in payment, these proceedings were commenced by a joint notice, directed to Duncan W. Murphy and Robert N. Murphy, administrators of John Murphy, deceased, and to the other makers jointly; and at the…
1Opinion of the CourtClay, J.
1. This is a summary proceeding, given by statute, and unknown to the common law: consequently, to sustain the judgment, it must appear that the statute has been strictly pursued. This doctrine has not only been recognized in the case *423of Mc Walker v. The Branch of the Bank of the State of Alabama at Mobile, [3 Ala. Rep. N. S. 153,] but in all other cases, decided by this court, where the question was properly presented. It will only be necessary, therefore, to look into so much of the statute, establishing the Branch Bank at Mobile, as gives this summary remedy against its debtors. It is in…
2Cited by9 opinions
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
- Andrews' Adm'r v. Branch Bank at MobileSupreme Court of Alabama · 1846
- Fulton v. JohnsonWest Virginia Supreme Court · 1884
- Nation v. RobertsSupreme Court of Alabama · 1852
4 more not listed; retrieve them via the Exa API.