Stiles v. Lacy
Supreme Court of Alabama
^ Error to the County Court of Marengo. Assumpsit on promissory note. The defendant pleaded, that subsequent to the making of the promises in the plaintiff’s declaration, he obtained a certificate in bankruptcy from the District Court of the United States for New Hampshire. Accompanying the plea, is a certified copy of the proceedings in bankruptcy.
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^ Error to the County Court of Marengo. Assumpsit on promissory note. The defendant pleaded, that subsequent to the making of the promises in the plaintiff’s declaration, he obtained a certificate in bankruptcy from the District Court of the United States for New Hampshire. Accompanying the plea, is a certified copy of the proceedings in bankruptcy. The plaintiff demurred to the plea, which being overruled, he replied, “ That the certificate and discharge therein alledged, if granted at all, was fraudulently obtained by said Stiles — ill this, that the said Stiles did not reside nor have his…
1Opinion of the CourtOrmond, J.
— We do not think it proper to examine the merits of the question presented on the pleadings, as the replication to the plea is so defective that it cannot be sustained. It contains several distinct and unconnected matters of de-fence — that the Court in New Hampshire had not jurisdiction to render the decree, because the defendant was a citizen of Alabama — that the application was voluntary and fraudulent, and that the plaintiff had no notice of the intended application.
The statute authorizing several pleas extends only to pleas to the declaration, and does not embrace replications,…
2Cases cited1 opinion
- Gray's adm'rs v. WhiteSupreme Court of Alabama · 1843
3Cited by2 opinions
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Vance v. Wells & Co.Supreme Court of Alabama · 1845