Murdock v. Rousseau's Administrator
Supreme Court of Alabama
[ACTION ON PROMISSORY NOTE BY ASSIGNEE AGAINST MAKER.] Appeal from the Circuit Court of Russell. Tried before the Hon. E. W. Pettus. This action was brought by Robert B. Murdock, against James Rousseau; was commenced in August, 1854, and was founded on the defendant’s two promissory notes, dated 7th January, 1854, and payable four and six months after date to the order of Strang, Murray & Bruster, by whom they were transferred to the plaintiff.
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[ACTION ON PROMISSORY NOTE BY ASSIGNEE AGAINST MAKER.] Appeal from the Circuit Court of Russell. Tried before the Hon. E. W. Pettus. This action was brought by Robert B. Murdock, against James Rousseau; was commenced in August, 1854, and was founded on the defendant’s two promissory notes, dated 7th January, 1854, and payable four and six months after date to the order of Strang, Murray & Bruster, by whom they were transferred to the plaintiff. The defendant having died, the suit was revived b j scire facias against his executor and executrix; and his estate having been reported and declared…
1Opinion of the CourtStone, J.
The majority of this court think there is no error in this record. In McDougald’s Adm’r v. Dawson, the writer of this opinion expressed his disapprobation of one principle announced in the case of McDougald’s Adm’r v. Rutherford. — See those cases in 30 Ala. 253, 553. Oh. J. Riee concurs in the opinion expressed by the writer in McDougald’s Adm’r v. Dawson.
In Carhart, Brothers & Co. v. Clark’s Adm’r, and Lay v. Clark’s Adm’r, decided at the last term, we considered the distinction between section 1847 of the Code, and the act of 1843. We held, that, under the Code, verification *613was a…
2Cases cited5 opinions
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Sadler v. Fisher's adm'rsSupreme Court of Alabama · 1841
- McCollum v. HinckleySupreme Court of Vermont · 1837
- Hunt v. FaySupreme Court of Vermont · 1835
- Burns v. HindmanSupreme Court of Alabama · 1845
3Cited by11 opinions
- Webb v. WebbSupreme Court of Alabama · 1948
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
- Ray v. ThompsonSupreme Court of Alabama · 1869
- Thames v. HerbertSupreme Court of Alabama · 1878
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