Clements v. Branch of the Bank
Supreme Court of Alabama
Writ of error to the County Court of Montgomery County. Motion for judgment. The notice was issued on-the 10th April, IS3S ; it described a bill of exchange, on which the motion is predicated, but omits to set out the endorsement; the judgment was rendered at the proper term by default, and recites that thirty days notice was given to the defendants of the motion ; that the certificate of the President of the said Bank, that the “ debt sued on” was bona fide the property of…
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Writ of error to the County Court of Montgomery County. Motion for judgment. The notice was issued on-the 10th April, IS3S ; it described a bill of exchange, on which the motion is predicated, but omits to set out the endorsement; the judgment was rendered at the proper term by default, and recites that thirty days notice was given to the defendants of the motion ; that the certificate of the President of the said Bank, that the “ debt sued on” was bona fide the property of said bank, and protest were shown to the Court. cited Curry v. The Bank of Mobile. [8 Porter 360.]
1Opinion of the CourtGoldthwaite, J.
— This case is so entirely within the influence of many, and often repeated decisions of this Court, that an opinion would only be the reiteration of the rules laid down in the case of Curry vs. The Bank of Mobile. [8 Porter 360.]
In order, however, that future errors may be avoided, we now give the form of a judgment entry, which we consider as applicable to this particular case, and as illustrating the rules applicable to summary judgments on motion by the several banks of this State,
*51We do not intend to be understood as deciding that no other judgment entry will be considered as sufficient,…
2Cases cited1 opinion
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
3Cited by4 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Irwin v. ScruggsSupreme Court of Alabama · 1858
- Fitzpatrick v. Branch Bank at MontgomerySupreme Court of Alabama · 1848
- Crawford v. State BankSupreme Court of Alabama · 1843