McCrary v. Slaughter
Supreme Court of Alabama
Appeal from City Court of Selma. Tried before Hon. G-eo. H. Craig. The appellee, Slaughter, brought suit in the Circuit Court against appellant, McCrary and one Blair, to recover the amount of a promissory note, which the complainant averred was “made by them under name of Blair & Co.”. There was a discontinuance as to Blair, who was not served, and Mc-Crary pleaded “non est factum.”
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Appeal from City Court of Selma. Tried before Hon. G-eo. H. Craig. The appellee, Slaughter, brought suit in the Circuit Court against appellant, McCrary and one Blair, to recover the amount of a promissory note, which the complainant averred was “made by them under name of Blair & Co.”. There was a discontinuance as to Blair, who was not served, and Mc-Crary pleaded “non est factum.” The suit was afterwards transferred to the city court of Selma, where, under the rules of the court, a trial was had without the intervention of a jury. The material facts of the case were as follows : In the…
1Opinion of the CourtBrickell, C. J.
The statute establishing the City Court of Selma, provides that civil causes at law, pending in the court, shall be triable by the court without the intervention of a jury, unless the plaintiff, at the commencement of the suit, or the defendant at the time of appearing and plead*233ing, shall demand a trial of issues of fact, by a jury; or, if tbe cause is introduced into tbe court, by transfer from tbe Circuit Court of Dallas county (wbicb is authorized), at tbe time of application for transfer, a trial by jury is demanded. It is further provided, if tbe cause is tried by tbe court without a…
2Cases cited5 opinions
- Rogers v. Hosack's ExecutorsNew York Supreme Court · 1837
- Moore v. SmithSupreme Court of Alabama · 1851
- Catlin, Peeples & Co. v. GildersSupreme Court of Alabama · 1842
- Hogan & Co. v. ReynoldsSupreme Court of Alabama · 1845
- Cocke v. Branch Bank at MobileSupreme Court of Alabama · 1841
3Cited by23 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Citizens' Nat. Bank of Chickasha v. MitchellSupreme Court of Oklahoma · 1909
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
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