Carlisle v. Davis
Supreme Court of Alabama
Writ of error to tfae County Court of Perry. This was an action of assumpsit, at the suit of the defendant in error against the plaintiff. The first count is on a promissory note, dated the 16th of September, 1842, for the payment of one hundred and fifty dollars, on the first day of January ■thereafter, -to -the plaintiff, in Alabama money. To this the common counts are added.
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Writ of error to tfae County Court of Perry. This was an action of assumpsit, at the suit of the defendant in error against the plaintiff. The first count is on a promissory note, dated the 16th of September, 1842, for the payment of one hundred and fifty dollars, on the first day of January ■thereafter, -to -the plaintiff, in Alabama money. To this the common counts are added. There was a demurrer to the first count, and non assumpsit and set off, pleaded to the other counts in particular, and also to the entire declaration. No notice seems to have been taken of the demurrer, but the cause…
1Opinion of the CourtCollier, C. J.
— In respect to the demurrer to the first -count of .the declaration, it must be considered as waived, by ■the defendant’s going to trial without objection, upon the issues of fact. This we have so often held, that it cannot be necessary to cite the numerous cases to the point.
The objection to the admission of .the note to the jury was general, without specifying for what cause it was made; and *44it is here assigned as error in terms equally indefinite. If it had been placed upon the ground that the note was alledged to have been lost when the suit was commenced, we should not hesitate to say,…
2Cases cited1 opinion
- Young v. ScottSupreme Court of Alabama · 1843
3Cited by6 opinions
- Parker v. StateSupreme Court of Alabama · 1864
- Fleming v. NallTexas Supreme Court · 1846
- Bank of Mobile v. BrownSupreme Court of Alabama · 1868
- Nesbitt v. WareSupreme Court of Alabama · 1857
- Sigler v. WoodsSupreme Court of Iowa · 1855
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