Hays v. Myrick
Supreme Court of Alabama
Appeal from Circuit Court of Tuskaloosa. Tried before Hon. W, S. Mudd. This suit was commenced on the 4th day of January, 1867, and the complaint, omitting caption,. &c., was as follows: . “ 1st. The plaintiffs claim of the defendant two hundred and fifty dollars, as the assignees of a bond executed on the first day of January, 1859, by one James Jackson, payable to S. A. M. Wood one day after date, for two hundred and five dollars and eighteen cents, and by said S. A. M.…
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Appeal from Circuit Court of Tuskaloosa. Tried before Hon. W, S. Mudd. This suit was commenced on the 4th day of January, 1867, and the complaint, omitting caption,. &c., was as follows: . “ 1st. The plaintiffs claim of the defendant two hundred and fifty dollars, as the assignees of a bond executed on the first day of January, 1859, by one James Jackson, payable to S. A. M. Wood one day after date, for two hundred and five dollars and eighteen cents, and by said S. A. M. Wood 'assigned, on the 11th day of September, 1860, to William H. Hays, the defendant, and by him assigned, on the 1st day…
1Opinion of the CourtPeters, J.
No notice will be taken of the special pleas and the demurrers thereto, for the reason that the same questions arise upon the plea of the general issue pleaded with leave as above shown.- No question can arise on the evidence in the cause that may Dot be determined on that plea. And as all the evidence introduced on the trial is set out in the bill of exceptions and several charges asked upon them, which involve a consideration of the same matters as are pleaded in the special pleas, which were overturned by the demurrers, the decision must be the same, whether made in the one or the other…
2Cases cited9 opinions
- Lawson v. HicksSupreme Court of Alabama · 1862
- Rodgers' Adm'r v. BrazealeSupreme Court of Alabama · 1859
- Lucas v. HitchcockSupreme Court of Alabama · 1841
- Bates v. RylandSupreme Court of Alabama · 1844
- Goggins v. Smith's Adm'rSupreme Court of Alabama · 1860
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3Cited by2 opinions
- Richmond & Danville Railroad v. HuttoSupreme Court of Alabama · 1893
- Richmond & Danville Railroad v. JonesSupreme Court of Alabama · 1893