Caldwell v. Branch of the Bank of Alabama
Supreme Court of Alabama
Writ of Error to the Circuit Court of Monroe. This was ail action of assumpsit at the suit of the defendant in erroi-. The writ required the defendant to answer to the Branch Bank at Mobile, and the cause of action indorsed is a promissory note made by the defendant, and payable to “B. Gayle, Cashier, or bearer.”
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Writ of Error to the Circuit Court of Monroe. This was ail action of assumpsit at the suit of the defendant in erroi-. The writ required the defendant to answer to the Branch Bank at Mobile, and the cause of action indorsed is a promissory note made by the defendant, and payable to “B. Gayle, Cashier, or bearer.” The declaration is in the name of the “ Branch of the Bank of the State of Alabama at Mobile,” on a promissory note made by the defendant and delivered to the plaintiff, by which he promised to pay “ B. Gayle, Cashier, or bearer,” See. negotiable and payable at the branch bank, by…
1Opinion of the CourtCollier, C. J.
It is certainly true that in pleas in abatement, matters of form are regarded as substance, and that the statute abolishing special demurrers does not apply to them. [5 Ala. Rep. 617.] In Cobb v. Force, Brothers & Co. the plea in abatement of an attachment, set up two distinct grounds of defence, viz., that the plaintiff had not executed a bond and made the affidavit as directed by the statute. This court said, “ the rule is, that a plea is double when it states two or more facts, either one of which would constitute a defence.” So it has been held that a variance between the indorsement on…
2Cases cited3 opinions
- Sexton v. RoneSupreme Court of Alabama · 1845
- Crawford v. Branch Bank at MobileSupreme Court of Alabama · 1845
- Elmes v. McKenzieSupreme Court of Alabama · 1843
3Cited by8 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Mudge v. TreatSupreme Court of Alabama · 1876
- Decatur Light, P. & F. Co. v. NewsomSupreme Court of Alabama · 1912
- Burdine v. Grand Lodge of AlabamaSupreme Court of Alabama · 1861
- Hart v. TurkSupreme Court of Alabama · 1849
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