Cross v. Esslinger
Supreme Court of Alabama
Appeae from the Circuit Court of Madison. Tried before the Hon. O. Kxle. This suit was brought by the appellant, J. 0. Cross, against the appellee, B. F. Esslinger, to recover the statutory penalty under section 1065 of the Code of 1896, for failure to mark partial payment on the margin of the record of a mortgage, after request in writing.
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Appeae from the Circuit Court of Madison. Tried before the Hon. O. Kxle. This suit was brought by the appellant, J. 0. Cross, against the appellee, B. F. Esslinger, to recover the statutory penalty under section 1065 of the Code of 1896, for failure to mark partial payment on the margin of the record of a mortgage, after request in writing. The defendant pleaded the gneral issue and two special pleas, Nos. 2 and 3: The plaintiff demurred to these pleas, which demurrers were overruled. Thereupon the. plaintiffs filed several replications to the second and third pleas. The defendant moved the…
1Opinion of the CourtMcCLELLAN, C. J.
The appellant is in no plight, to have this court review the rulings of the circuit court on his demurrer to the special pleas and on the motion of defendant to strike his replications to said special pleas. The demurrer to the special plea having been overruled, and the replications to said pleas having been stricken, there was left in the case defendant’s pleas of the general issue and special pleas 2 and 3. Plaintiff then declined to take issue on the special pleas- and took issue on the plea of the general issue. Whereupon a jury came, but, as the judgment entry shows, the plaintiff…
2Cited by14 opinions
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