Nelms v. Hill
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M.' Carmichael. In this case, three several actions were brought by S. H. Hill, suing as surviving partner, against C. W. Nelms; each being commenced in a justice’s court, and founded on a promissory note executed by defendant, of which the plaintiff claimed to be the owner by assignment. The three cases were consolidated in the Circuit Court, and the defendant interposed a special plea of set-off.
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Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M.' Carmichael. In this case, three several actions were brought by S. H. Hill, suing as surviving partner, against C. W. Nelms; each being commenced in a justice’s court, and founded on a promissory note executed by defendant, of which the plaintiff claimed to be the owner by assignment. The three cases were consolidated in the Circuit Court, and the defendant interposed a special plea of set-off. The court sustained a demurrer to this plea, and its judgment tbereon is now assigned as error. Tbe opinion states tbe averments of…
1Opinion of the CourtClopton, J.
-Against tbe notes on wbicb tbe consolidated actions are founded, tbe defendant seeks to set off tbe damages suffered by plaintiff having seized and carried away bis borses and mules. Tbe plea, as originally framed, substantially avers, that tbe notes were given in consideration of guano sold to tbe defendant for tbe purpose of making a crop, with tbe understanding and agreement that they should be paid out of tbe crop grown therewith; and that a few days after tbe delivery of tbe guano, plaintiff wrongfully seized and carried away defendant’s borses and mules, whereby be was deprived of tbe…
2Cases cited6 opinions
- Street v. SinclairSupreme Court of Alabama · 1881
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Matheson's Heirs v. HearinSupreme Court of Alabama · 1856
- Wilkinson v. KetlerSupreme Court of Alabama · 1877
- Higgins v. MansfieldSupreme Court of Alabama · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- Norton v. BumpusSupreme Court of Alabama · 1930
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- Mutual Sav. Life Ins. Co. v. OsborneSupreme Court of Alabama · 1945
- Barnes v. MarshallSupreme Court of Alabama · 1915
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