Crawford v. Slade
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Assumpsit on promissory note, by the defendant, as administrator of Thomas Few, against the plaintiff in error. The declaration alledges the making of the promissory note sued on by the plaintiff in error, to James B. Slade, or bearer, for $730 90, negotiable and payable at the Branch Bank at Mobile, by whom it was indorsed to the plaintiff’s intestate, and alledges a promise by the defendant, to pay him the amount of the note, &c.
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Error to the Circuit Court of Mobile. Assumpsit on promissory note, by the defendant, as administrator of Thomas Few, against the plaintiff in error. The declaration alledges the making of the promissory note sued on by the plaintiff in error, to James B. Slade, or bearer, for $730 90, negotiable and payable at the Branch Bank at Mobile, by whom it was indorsed to the plaintiff’s intestate, and alledges a promise by the defendant, to pay him the amount of the note, &c. To this plea the defendant in proper person, filed his plea in abatement, “that on the 16th April, in the year 1838, at, &c.…
1Opinion of the CourtOrmond, J.
The principal question presented in this case, which arises upon the sufficiency of the plea in abatement, was determined by this court in Crawford v. Clute & Mead, 7 Ala. 157, in which it was held, that such a plea as this was bad, because it doesjnot show that the garnishment was properly sued out, by an allegation of those facts which authorize the clerk of the court to issue the process.
The argument principally urged in support of the plea is, that although the Courts of the United States are courts of limited jurisdiction, they are not inferior courts in the sense of the common law, and…
2Cases cited4 opinions
- Crawford v. CluteSupreme Court of Alabama · 1844
- Gallego v. ChevallieU.S. Circuit Court for the District of Virginia · 1826
- Executors of Schoonmaker v. ElmendorfNew York Supreme Court · 1813
- Copewood v. Taylor's adm'rSupreme Court of Alabama · 1838
3Cited by23 opinions
- State v. HamlinSupreme Court of Connecticut · 1879
- Barnsdall v. WaltemeyerCourt of Appeals for the Eighth Circuit · 1905
- Howland v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1896
- McFadden v. O'DonnellCalifornia Supreme Court · 1861
- Montgomery Gas Light Co. v. Merrick & SonsSupreme Court of Alabama · 1878
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