Bachus v. Mickle
Supreme Court of Alabama
Appeal from Circuit Court of Chambers. Tried before Hon. Robert Dougherty. The complaint in this case was as follows: “ William Mickle, plaintiff, ] Augustus Pinckard and Warren Bachus, defendants.
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Appeal from Circuit Court of Chambers. Tried before Hon. Robert Dougherty. The complaint in this case was as follows: “ William Mickle, plaintiff, ] Augustus Pinckard and Warren Bachus, defendants. The plaintiff, William Mickle, Chambers Circuit Court, Spring Term, 1867. claims of the defendants, Augustus M. Pinekard and Warren Bachus, the sum of one hundred dollars, due by promissory note made by them on the 22d of February, and payable one day after date, with interest thereon. E. G. Richards, plaintiff’s att’y.” Both defendants were served with process, and on the trial plaintiff amended…
1Opinion of the CourtPeters, J.
This was an action of debt on a promissory note, made by Pinekard and Bachus, payable to Mickle, for one hundred dollars. Both the makers of the note were sued, and both were brought into court by service of process. At the trial, by leave of the court, the plaintiff amended his complaint by striking out the name of' Pinkard, and judgment by default was taken against Bachus.
The plaintiff having elected to proceed in- his action against both the makers of the note in the same suit, can not, after service of process on both, abandon his suit as to one, without showing some sufficient cause…
2Cases cited3 opinions
- Letondal v. HugueninSupreme Court of Alabama · 1855
- Whitaker v. Van HornSupreme Court of Alabama · 1869
- Fennell v. MastersonSupreme Court of Alabama · 1869
3Cited by3 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Evans Marble Co. v. McDonald & Co.Supreme Court of Alabama · 1904
- Kendall v. LassiterSupreme Court of Alabama · 1880