Holt v. Moore
Supreme Court of Alabama
ERROR to the Circuit Court of Pickens. Assumpsit by the plaintiff in error, as assignee, against the defendant in error as assignor of a promissory note executed by E. H. Moore & Co. The declaration, which is in the usual form, charges that suit Was brought against the makers “ to the first Court of the :aforesaid county, of the residence of said E. H. Moore & Co. to which, a writ could properly be made returnable, to wit: tor the.
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ERROR to the Circuit Court of Pickens. Assumpsit by the plaintiff in error, as assignee, against the defendant in error as assignor of a promissory note executed by E. H. Moore & Co. The declaration, which is in the usual form, charges that suit Was brought against the makers “ to the first Court of the :aforesaid county, of the residence of said E. H. Moore & Co. to which, a writ could properly be made returnable, to wit: tor the. October term of the Circuit Court of Pickens county, A. D. 1839,” and proceeds to. aver that judgment was obtained, and. that the writ of fieri facias which issued…
1Opinion of the CourtOrmond, J.
The act of the Legisture by which this proceeding is. regulated, requires, in the case of assignment of paper not mercantile, that tp charge the assignor, suit must be brought to the first Court to which it can be brought against the maker of the assigned paper, prosecuted to judgment, and a return by the sheriff of no property found.
In the exposition of this statute several exceptions have been engrafted upon it, as that the suit may be dispensed with against the maker, when from his absence from the State suit is impossible. [5 Stewart and Porter, 96; 2 Porter, 456.] *396Strongly as we feel…
2Cases cited2 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Woodcock v. CampbellSupreme Court of Alabama · 1835
3Cited by3 opinions
- Guest v. StateSupreme Court of Arkansas · 1858
- Ex parte MerrittSupreme Court of Alabama · 1904
- Broadway v. State Farm Mut. Auto. Ins. Co.District Court, M.D. Alabama · 2019