State v. Brantley
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. George D. Shortridge. Soike facias on a forfeited recognizance, against Henry S. Brantley and his sureties, of whom the latter only were served with process.
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Appeal from the Circuit Court of Shelby. Tried before the Hon. George D. Shortridge. Soike facias on a forfeited recognizance, against Henry S. Brantley and his sureties, of whom the latter only were served with process. The sureties appeared, and filed seveu special pleas in answer to the scire facias, of which the second plea was as follows : “ 2. That the writing sued on is not their lawful writing, and is not binding on them, as they are advised and believe, because they say that, on the 20th day of June, 1853, and at the time of the execution of the said writing, the said Henry S.…
1Opinion of the CourtRice, J.
If the truth of one good plea in bar of the action is duly established by verdict, the defendant is entitled to judgment, although all his other pleas are both bad and false. — Barber v. Dixon, 1 Wilson’s Rep. 44 ; Firemen’s Insurance Co. of Mobile v. Cochran & Co., at the present term; Worford v. Isbel, 1 Bibb’s Rep. 247.
In the present case, the jury found all the issues (including the issue on the second plea) for the defendants. That plea was not demurred to, and no error has been committed by the court below in relation to it. That plea is good, and the proof of its truth absolutely…
2Cases cited1 opinion
- Watkins v. BairdMassachusetts Supreme Judicial Court · 1810
3Cited by12 opinions
- Little v. SuggSupreme Court of Alabama · 1942
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Foster v. JohnsonSupreme Court of Alabama · 1881
- State v. HaverstickSupreme Court of Missouri · 1959
- Jesse v. CaterSupreme Court of Alabama · 1856
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