Lindsay v. Williams
Supreme Court of Alabama
Error to the Circuit Court of Macon. Tried before the Hon. Jobo J. Woodward. The statute is intended to provide a substitute for demand and notice as required by the law merchant, and what would have excused the want of demand aud notice.or either at common law will excuse the failure to bring suit to the first court, under the statute. — Pearson v. Mitchell, 2 Ala. 736; Bishop and Bradford, 14 ib. 517; S. C. 16 ib. 769. Tested by these principles, the second count was…
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Error to the Circuit Court of Macon. Tried before the Hon. Jobo J. Woodward. The statute is intended to provide a substitute for demand and notice as required by the law merchant, and what would have excused the want of demand aud notice.or either at common law will excuse the failure to bring suit to the first court, under the statute. — Pearson v. Mitchell, 2 Ala. 736; Bishop and Bradford, 14 ib. 517; S. C. 16 ib. 769. Tested by these principles, the second count was sufficient. — Chitty on Bills, 581-2.
1Opinion of the CourtDargan, C. J.
This suit is brought on a promissory note made by Jonathan Nix, payable to the defendant, and by him endorsed to the plaintiff. The first count avers the endorsement to have been made on the 11th day of January 1847, and that suit was brought against the maker to the spring term of the Circuit Court of Macon, (being the county of the maker’s residence,) which was the first court after the endorsement was made to which suit could be brought. The recovery of judgment and return of the execution by the sheriff, “ no property,” is also alleged. The second count avers the making of the note, the…
2Cases cited1 opinion
- Pearson v. MitchellSupreme Court of Alabama · 1841
3Cited by5 opinions
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