Collins v. Hammock
Supreme Court of Alabama
APPEAL from the Circuit Court of DeKalb. Tried before the Hon. Lewis 'Wyeth. The plaintiff, "William N. Hammock, brought suit before a justice of the peace, in DeKalb county, to recover damages from the Alabama and Chattanooga Bailroad Company for killing a cow.
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APPEAL from the Circuit Court of DeKalb. Tried before the Hon. Lewis 'Wyeth. The plaintiff, "William N. Hammock, brought suit before a justice of the peace, in DeKalb county, to recover damages from the Alabama and Chattanooga Bailroad Company for killing a cow. A judgment for the sum of twenty-five dollars was rendered against the defendant on the fourth day of February, 1871. From this judgment the defendant appealed to the Circuit Court, and executed the following appeal bond : “ The State of Alabama, DeKalb county. Know all men by these presents, that we, John C. Stanton, as…
1Opinion of the Court
STONE, J.—
Bankruptcy, and discharge under it, being in their nature a personal defence, must be pleaded in the court trying the cause; and if not so pleaded, are considered waived, and the judgment is as binding on the bankrupt, as if he had received no discharge.—Ewing v. Peck & Clark, 17 Ala. 339.
We consider it unnecessary to decide, in this case, whether *452Judge Haralson had such au interest in the cause as disqualified'hi m from presiding at the trial. No objection, on account of his interest, was raised on the trial; and it is raised, for the first time, on the motion to quash the…
2Cases cited8 opinions
- Lazarus v. ShearerSupreme Court of Alabama · 1841
- Hine v. HusseySupreme Court of Alabama · 1871
- Drake v. Elewellen & Co.Supreme Court of Alabama · 1858
- McWhorter v. LewisSupreme Court of Alabama · 1842
- Ewing v. PeckSupreme Court of Alabama · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- City of Bessemer v. McClainSupreme Court of Alabama · 2006
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
- Gulf States Steel Co. v. ChristisonSupreme Court of Alabama · 1934
- De Moville v. Merchants & Farmers BankSupreme Court of Alabama · 1939
- Sparks v. StateCourt of Criminal Appeals of Alabama · 1984
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