Brown v. Alabama Chemical Co.
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord., Judge. Action by the Alabama Chemical Company against Mrs. M. E. Brown upon a promissory note. Judgment for the plaintiff, and the defendant appeals.
Read the full summary
Appeal from Circuit Court, Montgomery County; Leon McCord., Judge. Action by the Alabama Chemical Company against Mrs. M. E. Brown upon a promissory note. Judgment for the plaintiff, and the defendant appeals. Court erred in sustaining demurrers to the defendant’s plea in abatement. 84 Neb. 735, 121 N. W. 957, 50 L. R. A. (N. S.) 501; Chitty on Contracts, 6-25; section 5324, Code 1907; 223 Mass. 8, 111 N. E. 678, L. R. A. 1916D, 696; 94 U. S. 535, 24 L. Ed. 148; 5 Gray (Mass.) 174. The court erred in its charge as to attorney íees. 1S2 Ala. 274, 31 South. 715; 22 C. J. 84; 178 Ala. 284, 59…
1Opinion of the CourtSayre, J.
[1] In this action by appellee against appellant on a promissory note plaintiff averred that “the defendant agreed in said note that suit thereon might be brought in Montgomery county, Ala.” Defendant pleaded in abatement, to state her plea in brief, that she was a citizen of this state and a resident of Lowndes county and that the alleged waiver of her right to be sued in the county 'of her residence was made without any consideration and was void as against public policy. Demurrer to this plea was sustained and that ruling is assigned for error.
There is no reason to doubt that the trial…
2Cases cited4 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Nashua River Paper Co. v. Hammermill Paper Co.Massachusetts Supreme Judicial Court · 1916
- Jefferson County Savings Bank v. CarlandSupreme Court of Alabama · 1916
- Thompson v. Union Springs Guano Co.Supreme Court of Alabama · 1918
3Cited by13 opinions
- Shows v. JacksonSupreme Court of Alabama · 1926
- Stewart v. Capital Fertilizer Co.Supreme Court of Alabama · 1922
- Spencer v. S. Boyd, Inc.Supreme Court of Alabama · 2012
- Electrical Products Consolidated v. BodellMontana Supreme Court · 1957
- Fish Market Restaurants, Inc. v. Riverfront, LLCSupreme Court of Alabama · 2013
8 more not listed; retrieve them via the Exa API.