Seay v. Palmer
Supreme Court of Alabama
Action on Promissory Note, by Payee against Maker. Appeal from the City Court of Anniston. Tried before'the Hon. B. F. Oassady.
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Action on Promissory Note, by Payee against Maker. Appeal from the City Court of Anniston. Tried before'the Hon. B. F. Oassady. This action was brought by John J. Seay against W. A. Palmer, and was commenced on the 18th July, 1890. The action was founded on the defendant’s promissory note for $190.70, which was dated at Rome, Georgia, November 6th, 1889, payable to plaintiff thirty days after date, at the First National Bank of Rome, Georgia, and it contained a waiver of exemptions, which is copied in the opinion. The court refused to incorporate any waiver in the judgment, and this ruling,…
1Opinion of the CourtClopton, J.
— The waiver of exemptions as to personalty is averred in the complaint, which counts on a note. The court, to whom the case was submitted without a jury, gave j udgment in favor of plaintiff, for the amount due on the note, but refused to declare in the judgment the fact of waiver and *382its extent, under section 2570 of the Code. The waiver is included in the note; its language is, “and all rights of exemption and homestead are hereby expressly waived by the makers, sureties and indorsers of this note.” The refusal of the court to declare the waiver in the judgment is based on the undisputed…
2Cases cited2 opinions
- Neely v. HenrySupreme Court of Alabama · 1879
- Holland v. BerganSupreme Court of Alabama · 1889
3Cited by3 opinions
- Galliher v. State Mutual Life Ins.Supreme Court of Alabama · 1907
- Coffman v. FoldsSupreme Court of Alabama · 1927
- First National Bank of Jasper v. Robinson (In Re Robinson)United States Bankruptcy Court, N.D. Alabama · 1999