Howle v. Edwards
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before Hon. Lerox F. Box. The original complaint alleged that the note was the property of the plaintiff while the count added by way of amendment alleged, that the plaintiff sues as the widow of J. W. Edwards, deceased, the payee of the note sued on, who died in May, 1887; and that no administration upon her said husband’s estate has been had, and that no personal property of the estate has been set apart to her or her minor…
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Appeal from the Circuit Court of Cleburne. Tried before Hon. Lerox F. Box. The original complaint alleged that the note was the property of the plaintiff while the count added by way of amendment alleged, that the plaintiff sues as the widow of J. W. Edwards, deceased, the payee of the note sued on, who died in May, 1887; and that no administration upon her said husband’s estate has been had, and that no personal property of the estate has been set apart to her or her minor children and that the note sued on was the property of her husband’s estate.” The summons was served upon the defendant,…
1Opinion of the CourtHead, J.
— The first assignment of error brings for review, the ruling of the court, on the demurrer to the first plea of defendant. The plea avers, in substance, that defendant signed the note sued on as surety for B. B. Edwards, and that on, or about February 1, 1887, he requested and directed J". W. Edwards, the payee and holder of the note at that time to bring suit thereon and to collect the same by *652legal process. It also avers, that R. B. Edwards was, at the time of such request and direction, and long afterwards, solvent, and had a sufficiency of personal property in this State, from which the…
2Cases cited10 opinions
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
- Cox v. Mobile & Girard RailroadSupreme Court of Alabama · 1861
- Tucker v. Henderson's Adm'rSupreme Court of Alabama · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Nelson v. HowisonSupreme Court of Alabama · 1898
- Averyt Drug Co. v. Ely-Robertson-Barlow Drug Co.Supreme Court of Alabama · 1915
- Manegold v. Massachusetts Life InsuranceSupreme Court of Alabama · 1901
- Dampskibsaktieselskabet Habil v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1904
- Orr v. StewartAlabama Court of Appeals · 1915
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