Drinkwater v. Holliday
Supreme Court of Alabama
JError to the Circuit Court of Marion. Debt by the plaintiff in error, commenced by process of •attachment. Pleas, nil debit, and the statutes of limitation of three and six years.
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JError to the Circuit Court of Marion. Debt by the plaintiff in error, commenced by process of •attachment. Pleas, nil debit, and the statutes of limitation of three and six years. Upon the trial, as appears from a bill of exceptions, the plaintiff made affidavit, that Brunson Hollis, his agent, in taking out the attachment, and executing the attachment bond was a material witness for him, and he knew of no other person by whom he could prove the same facts, and moved for leave to execute a new bond, which being refused, he then moved the court for permission to execute a bond of indemnity to…
1Opinion of the CourtOrmond, J.
It is inferrible from the proof in the cause, that there was an old account,.of long standing between these parties unsettled. It appears also, that in the year 1840, the defendant went to Mississippi, where the plaintiff resided, to get money, but whether as a loan, or in payment of a balance due him, does not appear. It is certain, however, that no settlement took place, but the plaintiff gave him an order on his agent in this State, for the money he then had on hand belonging to him, the repayment of which to the plaintiff, was to be secured by a deed of trust on a slave. He obtained the…
2Cases cited1 opinion
- Leggett v. BoydNew York Supreme Court · 1829
3Cited by3 opinions
- Ex parte Haralson & Co.Supreme Court of Alabama · 1883
- Webb v. KellySupreme Court of Alabama · 1861
- Taylor v. B. Bank at HuntsvilleSupreme Court of Alabama · 1848