Douglas v. Beasley
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. E. Bugbee. This action was brought by Joseph Beasley, against Charles Douglas and Elisha A. Hearne, and was commenced on the 15th December, 1868. The complaint was in the, following words : “ The plaintiff claims of the defendants twenty-seven hundred and fifty dollars, due by promissory note, made by them and one Mallett Douglas, on the 5th September, 1857, payable to Y. W. Graves, at the office of Bugeley,…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. E. Bugbee. This action was brought by Joseph Beasley, against Charles Douglas and Elisha A. Hearne, and was commenced on the 15th December, 1868. The complaint was in the, following words : “ The plaintiff claims of the defendants twenty-seven hundred and fifty dollars, due by promissory note, made by them and one Mallett Douglas, on the 5th September, 1857, payable to Y. W. Graves, at the office of Bugeley, Blah' & Co., New Orleans, La.,' on the 1st day of January, 1860, bearing interest from the date thereof; together with the…
1Opinion of the CourtJudge, J.
In Browder v. Gaston & Wellborn, (30 Ala. 677,) this court held, that in an action on a promissory note, by the transferree against the maker, the complaint must aver the assignment, or contain some other allegation to show the plaintiff’s ownership; that if this is omitted, the complaint is substantially defective; and that the defect is available on error, after judgment by default, notwithstanding section 2405 of the Code provides that “ no judgment *143can. be arrested, annulled, or set aside, for any matter not previously objected to, if the complaint contain a substantial cause of action.”
Th…
2Cases cited11 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Stewart v. Goode & UlrickSupreme Court of Alabama · 1856
- Mahoney v. O'LearySupreme Court of Alabama · 1859
- Letondal v. HugueninSupreme Court of Alabama · 1855
- Browder v. GastonSupreme Court of Alabama · 1857
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3Cited by14 opinions
- Capehart v. Furman Farm Improvement Co.Supreme Court of Alabama · 1893
- Kelly v. MooreSupreme Court of Alabama · 1874
- Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896
- Hall v. First BankSupreme Court of Alabama · 1916
- American Bonding Co. v. New York & Mexican Whiting Co.Alabama Court of Appeals · 1914
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