Davis v. Findley
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge. Action in assumpsit hy J. D. S. Davis against Adaline L. Findley. From judgment for defendant, plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The action began by suit on promissory note for the sum of $691.34 and attorney’s fees, with writ of garnishment in aid thereof to the Jefferson County Bank. The bank answered indebted in the sum of 90 cents.
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Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge. Action in assumpsit hy J. D. S. Davis against Adaline L. Findley. From judgment for defendant, plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The action began by suit on promissory note for the sum of $691.34 and attorney’s fees, with writ of garnishment in aid thereof to the Jefferson County Bank. The bank answered indebted in the sum of 90 cents. Garnishment was also issued against the Traders’ National Bank of Birmingham, and it answered indebted in the sum of $783. The answer disclosed…
1Opinion of the CourtSayre, J.
[1] On the hypothesis that appellant, plaintiff below, is prosecuting this appeal with a purpose to reach and subject the sum of 90 cents, which is writ of garnishment found in the Jefferson County Bards:, the matter attempted to be set up in his first replication to appellee’s plea of discharge in bankruptcy would have been of some consequence, perhaps, if properly pleaded. But that replication, purporting to be a replication by way of confession and avoidance, was defective, in that it wholly failed to allege the facts upon which appellant relied to sustain his conclusion. If, on the other…
2Cited by6 opinions
- In Re DeSoto Crude Oil Purchasing CorporationDistrict Court, W.D. Louisiana · 1940
- Kibbe v. ScholesSupreme Court of Alabama · 1929
- Maryland Casualty Co. v. JonesCourt of Appeals of Maryland · 1922
- Gurewitz v. WiseSupreme Judicial Court of Maine · 1923
- Mindess v. GoodmanCalifornia Court of Appeal · 1962
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