Corey v. Penney
Supreme Court of Alabama
Assumpsit. Appeal from Morgan Circuit Court. Heard before Hon. A. H. Alston. Action by Lorenzo Corey against J. A. Penney upon certain promissory notes.
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Assumpsit. Appeal from Morgan Circuit Court. Heard before Hon. A. H. Alston. Action by Lorenzo Corey against J. A. Penney upon certain promissory notes. Prom a judgment for the plaintiff awarding insufficient damages, plaintiff appeals. — The court erred in overruling demurrers to defendant’s new plea 9 and in sustaining demurrers to plaintiff’s replication to such plea. — Nesbitt’s Case, 144 U. S. 610. The judgment in the former suit was deprived of any effect in defendant’s favor. — Desollar v. Hanscome, 158 U. S. 221; Russell v. Place, 24 L. Ed. 215. The court erred in admitting evidence…
1Opinion of the CourtMayfield, J.
— Plea 9, or a similar one, and replications thereto, were treated at length on a former appeal of this case. — 147 Ala. 617, 41 South. 978. The plea was not a good one of res judicata, in that it did not set forth matters in bar to the entire action. As. was held by this court on former appeal, it is a plea of partial failure of consideration. If it could be said to be a plea of res judicata in bar of the entire action, the jury having found in favor of the plaintiff, no injury could have come to the plaintiff on account of the rulings of the trial court thereon.
We held on the former appeal…
2Cases cited1 opinion
- Penny v. CoreySupreme Court of Alabama · 1906
3Cited by1 opinion
- Cook v. LatimerSupreme Court of Alabama · 1966