Legal Opinion

Wynne v. Whisenant

Supreme Court of Alabama

Decided June 15, 1860PublishedCited by 8 opinions

Appeal from the.Circuit -Court of Calhoun. Tried before the Hon. S.-LX Hale. .. This action was brought-by M. W-/ Wynne, against W. J. Whisenant; .and was founded on-the defendant’s promissory note for $866 66, dated October .16, 1854, and payable on the 1st day of May next after date, with interest from date. No pleas- appear in the record..

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Appeal from the.Circuit -Court of Calhoun. Tried before the Hon. S.-LX Hale. .. This action was brought-by M. W-/ Wynne, against W. J. Whisenant; .and was founded on-the defendant’s promissory note for $866 66, dated October .16, 1854, and payable on the 1st day of May next after date, with interest from date. No pleas- appear in the record.. On tbe trial before the jury, as the bill of exceptions shows, after the plaintiff had read in evidence the note described, in diis-complaint, “defendant proved -that, a short time before the note was executed, .there.had .been a fight -between him .and…

1Opinion of the CourtStone, J.

If the defendant in this case had pleaded, that the consideration of -the note sued on was, that the plaintiff should abandon tlie prosecution he had instituted against the defendant- — should leave tlie State, and not appear as a witness on tlie. trial, and tbat the plaintiff', in violation of bis agreement, had appeared and given evidence .on the trial against defendant, — the plea would, perhaps, be double, and unnecessarily prolix ; but a demurrer to it would not be sustained. Tlie plea being in this form, no one, we apprehend, would gainsay the right of the defendant *48■to introduce…

2Cases cited1 opinion

  1. Eaton v. KikemanSupreme Court of Alabama · 1859

3Cited by8 opinions

  1. Wadsworth v. DunnamSupreme Court of Alabama · 1897
  2. Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
  3. Baker v. Citizens Bank of GuntersvilleSupreme Court of Alabama · 1968
  4. Orman v. ScharnagelSupreme Court of Alabama · 1923
  5. United States Fidelity & Guaranty Co. v. CharlesSupreme Court of Alabama · 1901

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