Holmes v. Bank of Fort Gaines
Supreme Court of Alabama
■Appeal from the Circuit Court of Heury. Tried before the Hon. J. W. Foster. This action was brought by the Bank of Fort Gaines against J. E. Holmes, the appellant, and the plaintiff claims of the defendant the sum of one huudred and thirty-five dollars, due November 10, 1897, by promissory note, containing a waiver of exemptions as to personal property, executed by the defendant on October 28th, 1896, andpayable to tire order of H. W. Rumbley, which said note and .debt…
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■Appeal from the Circuit Court of Heury. Tried before the Hon. J. W. Foster. This action was brought by the Bank of Fort Gaines against J. E. Holmes, the appellant, and the plaintiff claims of the defendant the sum of one huudred and thirty-five dollars, due November 10, 1897, by promissory note, containing a waiver of exemptions as to personal property, executed by the defendant on October 28th, 1896, andpayable to tire order of H. W. Rumbley, which said note and .debt evidenced thereby have since been'transferred to and are now the property of the plaintiff. There was also a claim for…
1Opinion of the CourtTyson, J.
The original complaint in this case was amended to cure defects pointed out in the demurrer as*498signed to it. To the amended complaint the defendant interposed seven pleas. It is not necessary to consider all of them as only two of them, numbered two and three, were demurred to. The record of-the judgment entry recites that the demurrer to plea number three was confessed by defendant and it appears that defendant filed additional pleas numbered two and two and one-half containing substantially the same language as original plea number two, to which no demurrer was interposed. There was,…
2Cases cited3 opinions
- Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
- Winter v. PoolSupreme Court of Alabama · 1894
- Evans v. ClarkSupreme Court of Alabama · 1835
3Cited by11 opinions
- King v. Peoples BankSupreme Court of Alabama · 1899
- Johnston v. HooverSupreme Court of Iowa · 1908
- Moore v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1924
- Foutch v. Alexandria Bank & Trust Co.Tennessee Supreme Court · 1941
- Hudson v. Repton State BankAlabama Court of Appeals · 1917
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