Ivey v. Sanderson
Supreme Court of Alabama
Error to the Circuit court of Lowndes county Assumpsit on the endorsement of 'a bond. Plaintiff declared against defendant, at the Spring term of the court aforesaid, eighteen hundred and thirty-six, of a plea of trespass on the cáse, &c. for that whereas theretofore, to wit, oil the-day of December, eighteen, hundred and thirty-four, in the county aforesaid, John. Banks, William F..
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Error to the Circuit court of Lowndes county Assumpsit on the endorsement of 'a bond. Plaintiff declared against defendant, at the Spring term of the court aforesaid, eighteen hundred and thirty-six, of a plea of trespass on the cáse, &c. for that whereas theretofore, to wit, oil the-day of December, eighteen, hundred and thirty-four, in the county aforesaid, John. Banks, William F.. Banks, Thaddeus Freshwater and Thaddeus F. Banks, made their certain instrument in writing, under their hands and seals, bearing the date, last above mentioned, and thereby then and there promised to pay to…
1Opinion of the CourtCollier, C. J.
The plaintiff in error, brought as-sumpsit in the Circuit court of Lowndes, against the defendant, as the indorser of a bond: In the declaration, it .was admitted, that no action had been prosecuted against the obligors, and by way of excuse, alleged that though diligent inquiry and. search was made for them, they could not be found, and their residence was unknown. The defendant pleaded non assumpsit, and three special pleas, on ah of which the plaintiff took issue, but which need not be particularly noticed, as-they present no question of law for our decision. On the trial, a bill of…
2Cited by5 opinions
- Bristow v. JonesSupreme Court of Alabama · 1840
- Hall v. ChiltonSupreme Court of Alabama · 1842
- Howze v. PerkinsSupreme Court of Alabama · 1843
- Bradley, Wilson & Co. v. Patton, Donegan & Co.Supreme Court of Alabama · 1874
- Porter v. IngrahamMassachusetts Supreme Judicial Court · 1813