Glasscock v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Turnee Reavis. Assumpsit by William A. Smith against Alexander Glass-cock, on a promissory note for §950 50, dated April 1, 1851, payable to the order of Monroe Donoho on the 15th February, 1852, payable and negotiable at the Bank of Mobile, endorsed by said Donoho to Fontaine & Dent, and by Fontaine & Dent to plaintiff.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Turnee Reavis. Assumpsit by William A. Smith against Alexander Glass-cock, on a promissory note for §950 50, dated April 1, 1851, payable to the order of Monroe Donoho on the 15th February, 1852, payable and negotiable at the Bank of Mobile, endorsed by said Donoho to Fontaine & Dent, and by Fontaine & Dent to plaintiff. The defendant pleaded the general issue and two special pleas; to the last special plea the plaintiff demurred, and replied to the others, but the record nowhere shows the action of the court on the demurrer.…
1Opinion of the Court
CHILTON, C. J. —
The record nowhere shows that the de* murrer to the third plea was sustained, and if a resort to in-tendment could aid the appellee in sustaining the judgment, we should presume the demurrer was withdrawn or abandoned. But this done, the plea remains, and must be considered as tendering one of the issues which the record shows were tried by the jury. Then comes the proof, which conduces to support it, and the charge which was refused, as applicable to it, forcing upon us the same question presented by the plea and demurrer. In this posture of the case, we have no alternative…
2Cases cited2 opinions
- Sanford v. MicklesNew York Supreme Court · 1809
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
3Cited by5 opinions
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- In re the Estate of SauerNew York Surrogate's Court · 1915
- Merrick v. Merchants National BankLucas County Court of Common Pleas · 1901