Chandler v. Hardeman
Alabama Court of Appeals
Assumpsit. Appeal from Mobile Law and Equity Court. Heard before Hon. Saeeold Berney. Assumpsit by B. F. Hardeman against J. W. Chandler. Judgment for plaintiff and defendant appeals.
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Assumpsit. Appeal from Mobile Law and Equity Court. Heard before Hon. Saeeold Berney. Assumpsit by B. F. Hardeman against J. W. Chandler. Judgment for plaintiff and defendant appeals. No one can be sued outside of the precinct of his residence, or in that in which the debt ivas created, or the cause of action arose. —-Section 4608, Code 1907; Glose v. Blalce, 56 Ala. 387; Western Railway Go. v. Laserous, 88 Ala. 458. It is against the public policy of the state to enforce the provision contained in the note. — Section 4291, Code 1907. The overruling of the demurrers was not prejudicial. —…
1Opinion of the CourtThomas, J.
A provision in a promissory note, whereby the maker agrees that the venue of an action brought against him on the nóte shall, at the option of the holder be in a certain beat of the county of the| maker’s residence, is not void as against public policy, although the specified beat is not the beat in which the maker lives, or in which the debt was created or thó cause of action arose, as required by section 4648 of the Code. And the holder of such note may therefore properly bring suit thereon in the justice court of such specified beat — the amount of the note being within the jurisdiction of…
2Cases cited10 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Andrews v. HallSupreme Court of Alabama · 1902
- Cross v. EsslingerSupreme Court of Alabama · 1901
- Barton v. Charter Gas Engine Co.Supreme Court of Alabama · 1907
- Baggett v. Alabama Chemical Co.Supreme Court of Alabama · 1908
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3Cited by3 opinions
- Banco de Ponce v. IriarteSupreme Court of Puerto Rico · 1942
- Hester v. Clinic Masters, Inc.Court of Civil Appeals of Alabama · 1979
- Banco de Ponce v. IriarteSupreme Court of Puerto Rico · 1942