Phillips v. Americus Guano Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. J. M. Cahmichael. The complaint claims of the defendants “three hundred and fifty dollars by the joint and several note of said defendants for said sum made on May 11, 1891, and due and payable November 15, 1891, to plaintiffs or bearer; in said note defendants waived his (their) right to claim the benefit of any exemption of personal property provided for by the laws of this State until this debt is finally paid.
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Appeal from the Circuit Court of Henry. Tried before the Hon. J. M. Cahmichael. The complaint claims of the defendants “three hundred and fifty dollars by the joint and several note of said defendants for said sum made on May 11, 1891, and due and payable November 15, 1891, to plaintiffs or bearer; in said note defendants waived his (their) right to claim the benefit of any exemption of personal property provided for by the laws of this State until this debt is finally paid. Plaintiffs claim the further sum of thirty-five dollars ($35.00) attorneys’fees incurred by plaintiffs in suing…
1Opinion of the CourtHead, J.
The plaintiff (appellee) declared upon a promissory note. The instrument introduced in support of the complaint is a specialty. There is no plea of the general issue set out in the record, but the judgment entry recites that issue-was joined upon the plea of the general issue and the defendants’ special pleas. It must, therefore, be so taken. This being the case, the vari-*525anee was fatal, and defendants were entitled to the general charge requested by them, and which the court refused. See authorities on brief for appellants.
As the plaintiff made out no case the cause is not'in a condition…
2Cited by10 opinions
- Davis v. McWhorterSupreme Court of Alabama · 1898
- Cairns v. DanielAlabama Court of Appeals · 1917
- Ex Parte First Nat. Bank of OzarkSupreme Court of Alabama · 1924
- Kidd v. BeckleyWest Virginia Supreme Court · 1908
- New York Life Insurance v. McPhersonSupreme Court of Alabama · 1902
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