Van Arsdale v. Howard
Supreme Court of Alabama
This is an action of assumpsit, brought by the plaintiffs against the defendant, on a promissory note, given by one A. G. Marshall, and the defendant, as his security, to the plaintiffs for the payment of twenty three hundred and eleven dollars 58-100, neg atiable and payable at the Bank of Columbus. The action was commenced in the county court of Russell, but transferred to the circuit court, by consent. The declaration is in the usual form.
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This is an action of assumpsit, brought by the plaintiffs against the defendant, on a promissory note, given by one A. G. Marshall, and the defendant, as his security, to the plaintiffs for the payment of twenty three hundred and eleven dollars 58-100, neg atiable and payable at the Bank of Columbus. The action was commenced in the county court of Russell, but transferred to the circuit court, by consent. The declaration is in the usual form. The defendant relied, for his defence, on six pleas. On the first, being non assumpsit, issue was taken; and also on the 4th, which alleged that the…
1Opinion of the CourtClay, J.
The principal questions presented by this record, are believed to arise out of the bill of exceptions ; because .that -sets forth the facts of the case, upon which, with the principles •here to be laid down, the fate of the cause must ultimately be de-cided. Hence, although embraced by the last-assignment of-errors, they will be first considered.
*599The first point raised upon the bill of exceptions, is, -whether the court erred in suffering to go to the jury, as evidence, the mortgage from Marshall, the principal in the note sued on, to Preston, when it bore the attestation of two witnesses,…
2Cases cited1 opinion
- Falls v. GaitherSupreme Court of Alabama · 1839
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- Evans v. KeelandSupreme Court of Alabama · 1846
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