Marion v. Regenstein & Co.
Supreme Court of Alabama
Appeal from Anniston City Court. Tried before the Hon. B. F. Cassady. On the 3rd day of October, 1892, J. Begenstein & Co. recovered a judgment by default for $275.45, in the City Court of Anniston, against appellee, Georgie Marion, in a suit on two counts for the same indebtedness, counting on the promissory note of the defendant, with a waiver of exemptions, and also on the common count for merchandise, goods and chattels sold.
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Appeal from Anniston City Court. Tried before the Hon. B. F. Cassady. On the 3rd day of October, 1892, J. Begenstein & Co. recovered a judgment by default for $275.45, in the City Court of Anniston, against appellee, Georgie Marion, in a suit on two counts for the same indebtedness, counting on the promissory note of the defendant, with a waiver of exemptions, and also on the common count for merchandise, goods and chattels sold. Execution was issued on the judgment and levied on the millinery store of defendant. On the 21st of October, 1892, the defendant made a motion in the City Court to…
1Opinion of the CourtMcCLELLAN, J.
This action is prosecuted by Begen-stein & Co. against Georgie Marion. The complaint contains two counts, the first on a note executed by Georgie Marion with waiver of exemptions, and the second on an account for goods, chattels and merchandise sold defendant by plaintiffs. Judgment in due course was taken by default. This judgment was manifestly under the first count, since it contains a declaration of waiver of exemptions. Afterwards, motions were severally made by Georgie Marion to set aside the judgment by default, and by J. H. Marion, her husband, for a new trial. The gist of each of…
2Cases cited4 opinions
- Reed Lumber Co. v. LewisSupreme Court of Alabama · 1891
- Truss v. Birmingham, LaGrange & Macon RailroadSupreme Court of Alabama · 1892
- Scott v. CottenSupreme Court of Alabama · 1890
- Callen v. RottenberrySupreme Court of Alabama · 1884
3Cited by6 opinions
- Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896
- Scarbrough v. Borders & Co.Supreme Court of Alabama · 1896
- Carter v. FischerSupreme Court of Alabama · 1899
- Linam v. JonesSupreme Court of Alabama · 1901
- Strauss Pritz & Co. v. GlassSupreme Court of Alabama · 1895
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