Smith v. Robinson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. This was an action of assumpsit at the suit of the defendant in error as indorsee, against the plaintiff in error as indor-ser of a promissory note dated at Macon, 27th March, 1838, “ payable at either of the banks in Macon,” eight months after date. A judgment by default was rendered against the defendant below. cited Minor’s Rep. b, 77, 125; 1 Stew. Rep. 412; 1 Stew. & Por.
Read the full summary
Writ of Error to the Circuit Court of Barbour. This was an action of assumpsit at the suit of the defendant in error as indorsee, against the plaintiff in error as indor-ser of a promissory note dated at Macon, 27th March, 1838, “ payable at either of the banks in Macon,” eight months after date. A judgment by default was rendered against the defendant below. cited Minor’s Rep. b, 77, 125; 1 Stew. Rep. 412; 1 Stew. & Por. Rep. 247; 2 Porter’s Rep. 286; 4 Id. 415, 423 ; 9 Id. 511; 1 Ala. Rep. 74; 3 Ala. Rep. 741; 5 Id. 633.
1Opinion of the CourtCollier, C. J.
It is assigned for error — 1. That the demand of the note and protest for non-payment were made previous to the maturity of the note. 2. That the suit being discontinued as to all the defendants but the one on whom the process was served, it operated a discontinuance of the action. 3. It was irregular to render a judgment by default after the defendant’s appearance. 4. The judgment of non-suit should not have been set aside without a notice to the defendant. 5 The judgment should not have been rendered without the intervention of a jury; but if this was permissible, the damages are larger…
2Cited by6 opinions
- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
- Rich v. ThorntonSupreme Court of Alabama · 1881
- Camp, Glover & Co. v. Randle & Co.Supreme Court of Alabama · 1886
- Loftin v. ShackelfordSupreme Court of Alabama · 1850
- Blunt v. BatesSupreme Court of Alabama · 1867
1 more not listed; retrieve them via the Exa API.