Tapscott v. Gibson
Supreme Court of Alabama
Appeal from tlie Circuit Court of Morgan. Tried, before the Hon. H. C. Speaks. This was an 'action brought by the appellee, J. P. Gibson, against the appellant, J. 0. Tapscott.
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Appeal from tlie Circuit Court of Morgan. Tried, before the Hon. H. C. Speaks. This was an 'action brought by the appellee, J. P. Gibson, against the appellant, J. 0. Tapscott. The complaint, as originally filed, contained only one count in which the plaintiff claimed of the defendant the sum of $150, with interest thereon from January 1, 1894, alleged to be due “by virtue of a certain note executed by the defendant to one W. B. Teague, in the year 1893, and due on the first day of January, 1894, for the sum of one hundred and fifty dollars. Plaintiff avers that the said W. B. Teague…
1Opinion of the Court
SHAIÍ PE, J.
Actions may be brought on lost bonds or notes such as are described' in this complaint without the affidavit of loss or destruction prescribed by section 31 of the Code. A plaintiff- may avail himself Of the affidavit as evidence in case it accompanies the complaint and is not denied by a verified plea, but being evidential merely no reference need be made to it in the pleading, -and defects in the affidavit are not ground of objection to the complaint.—Glassell v. Mason, 32 Ala. 719; Bell v. Moore, 9 Ala. 824.
The 2d and 3d -counts were properly allowed to be added as amendments…
2Cases cited4 opinions
- Foxworth v. Brown Bros.Supreme Court of Alabama · 1897
- Burkham v. MastinSupreme Court of Alabama · 1875
- Long v. PattersonSupreme Court of Alabama · 1874
- Glassell v. MasonSupreme Court of Alabama · 1858
3Cited by4 opinions
- Ranchmens Trust Co. v. GillSupreme Court of Kansas · 1923
- McHugh v. HarrisonSupreme Court of Alabama · 1957
- Peoples Bank of Evergreen v. RobbinsSupreme Court of Alabama · 1910
- Hughes v. SkidmoreSupreme Court of Alabama · 1934