Giles v. Williams
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa county. THIS was an action of debt, on a sealed instrument, for the payment of one hundred and thirty dollars, brought in the Court below, by the defendant, against the plaintiff in error.
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Error to the Circuit Court of Tallapoosa county. THIS was an action of debt, on a sealed instrument, for the payment of one hundred and thirty dollars, brought in the Court below, by the defendant, against the plaintiff in error. To a declaration in the usual form, the defendant pleaded specially : 1. That the bond sued on in this action, was given without any consideration, to wit: at the county aforesaid, wherefore, 2. That the consideration for which the bond sued on, was given, has wholly failed, in this, that the said bond was given in consideration of the south half, north-west quarter,…
1Opinion of the CourtOrmond, J.
The questions of law in this case, are presented on the pleadings.
1. The first plea is, that the bond sued on, was made without any consideration whatever. This form of pleading grows out of our statute, which makes every writing, whether under seal or not, evidence of the debt, or the duty for which it was given, and permits the defendant, by plea, to impeach the consideration of a bond, in the same manner as if it had not been sealed: Aikin's Dig. 283. If a note or bond then, is executed without any consideration, the plea must, of necessity, be in the negative; it is not possible to plead…
2Cases cited2 opinions
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- Pemberton v. StaplesSupreme Court of Missouri · 1839
3Cited by24 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Lamerson v. MarvinNew York Supreme Court · 1850
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
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