Moody v. Keller
Supreme Court of Alabama
Appeal from tlie Circuit Court of Colbert. Tried before Hon. James Jackson, ¡Special Judge. This action was brought by the appellant, Frank Moody, as receiver of the Bank of Commerce, against tlie appellee, Kate A. Keller, as executrix of A. H. Keller, deceased, and was instituted on November 29, 1897. The complaint contained nine counts.
Read the full summary
Appeal from tlie Circuit Court of Colbert. Tried before Hon. James Jackson, ¡Special Judge. This action was brought by the appellant, Frank Moody, as receiver of the Bank of Commerce, against tlie appellee, Kate A. Keller, as executrix of A. H. Keller, deceased, and was instituted on November 29, 1897. The complaint contained nine counts. In tlie first count the plaintiff sought'to recover the sum of three thousand, three hundred dollars on a contract made by the defendant’s testator, Arthur H. Keller, on the 23d day of January, 1891, and the Tuseumbia Contracting Company, a partnership…
1Opinion of the Court
HARALSON, 3,
1. There were demurrers to the pleas and replications, but no judgment appears to have been rendered on these demurrers. The judgment entry simply recites: Demurrers to pleas overruled, and demurrers to replications sustained. The case, then, so far as the record shows, was tried on the plea of the .general issue to the complaint, and on issue joined on the replications.
2. Dealing with the case as best we may in the confused condition it is thus presented on the pleadings, it would seem, the real issues were, whether the note sued on, — for the contract declared on in the first is…
2Cases cited5 opinions
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Dimmick v. RegisterSupreme Court of Alabama · 1890
- Mims v. Central Bank of GeorgiaSupreme Court of Alabama · 1841
- Morris v. Birmingham National BankSupreme Court of Alabama · 1890
- Cockrill's Adm'r v. HobsonSupreme Court of Alabama · 1849
3Cited by1 opinion
- Skinners v. HulseySupreme Court of Florida · 1931