Scarbrough v. Borders & Co.
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This action was brought by the appellant, Eba Scarbrough, against the appellees, A. H. Borders & Company, and counted upon a promissory note, which was executed by A. IT. Borders & Co. to one E. A. Hughes, the plaintiff averring in his complaint “that said note was duly transferred and assigned to him and was his property.”
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Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This action was brought by the appellant, Eba Scarbrough, against the appellees, A. H. Borders & Company, and counted upon a promissory note, which was executed by A. IT. Borders & Co. to one E. A. Hughes, the plaintiff averring in his complaint “that said note was duly transferred and assigned to him and was his property.” The defendants pleaded the following pleas : “1. That they did not promise and undertake in the manner therein alleged. 2. That they have paid the debt or note for the recovery of which this…
1Opinion of the CourtHaralson, J.
1. The rulings of the court in overruling plaintiff’s demurrers to the 2, 4 and 5 pleas of defendants, are not insisted on in argument, and are to be treated, therefore, as waived.
2. The cause was submitted to the court for decision, a jury having been waived. If there was error in overruling plaintiff’s demurrer to defendants’ special plea filed 23 March, 1896, — which we do not consider, — it was error without injury. The only effect of this plea, *440so far as objected to on demurrer, was, to put the plaintiff on proof of the transfer to him of the note sued on, and this proof was made by Mm…
2Cases cited9 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Payne v. CrawfordSupreme Court of Alabama · 1893
- Holmes v. StateSupreme Court of Alabama · 1895
- Shropshire v. BurnsSupreme Court of Alabama · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Brooks v. City of BirminghamAlabama Court of Appeals · 1944
- Johnson v. StateSupreme Court of Alabama · 1907
- Mulligan v. StateAlabama Court of Appeals · 1916
- Driver v. KingSupreme Court of Alabama · 1906
11 more not listed; retrieve them via the Exa API.