Wright v. Forgy
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before the Hon. G. K. Miller. This tras an action brought by L. G. Forgy, the appellee, against George Wright; -and counted upon a note or bond under seal. The complaint, as originally filed counted upon a promissory note. The complaint ivas subsequently amended by adding two counts thereto.
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Appeal from the City Court of Talladega. Tried before the Hon. G. K. Miller. This tras an action brought by L. G. Forgy, the appellee, against George Wright; -and counted upon a note or bond under seal. The complaint, as originally filed counted upon a promissory note. The complaint ivas subsequently amended by adding two counts thereto. Each count averred in substance the execution of a bond under seal by the defendant, as principal with the plaintiff as his surety, and made payable to one Miller; that the defendant failed to pay the bond at maturity and by reason of his suretyship, the…
1Opinion of the CourtDowdell, J.
To the complaint in this case the defendant filed' a plea of non est factum in Code form, No. 33, page 949 of the Code. The replication to this *392plea contained nothing more in substance than what was alleged in the complaint, namely, that the bond was executed by the defendant, and was in effect taking issue on the plea. And so as to the rejoinder to the replication. Nothing was set up therein hut wliat was available to tile defendant under his plea. As the case was tided by the court without the intervention of a jury, we need only deal with the assignment of error relating to the rendition…
2Cases cited3 opinions
- Lewis v. WatsonSupreme Court of Alabama · 1893
- Brown v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1895
- Carlisle, Jones & Co. v. CampbellSupreme Court of Alabama · 1884
3Cited by7 opinions
- Ferdon v. DickensSupreme Court of Alabama · 1909
- Barber v. MartinSupreme Court of Alabama · 1941
- Barksdale v. BullingtonSupreme Court of Alabama · 1915
- Consolidated Motor Co. of Alabama v. MalikSupreme Court of Alabama · 1922
- Penton v. WilliamsSupreme Court of Alabama · 1909
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