Mallory v. Matlock
Supreme Court of Alabama
Writ of error to the County Court of Benton. Debt by Matlock against the Mallorys, on a writing obligatory, made by them, payable to him, on the 15th February, 1842, for $3,315. The declaration is in the usual form, except that it contains no proferí of the writing obligatory.
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Writ of error to the County Court of Benton. Debt by Matlock against the Mallorys, on a writing obligatory, made by them, payable to him, on the 15th February, 1842, for $3,315. The declaration is in the usual form, except that it contains no proferí of the writing obligatory. The defendants demurred, and their demurrer being overruled, they then pleaded as to $3,289 of the debt, that they paid the same on the 2d day of March, 1842, to one Hammond, who was the duly authorized agent of the plaintiff, to receive the sum so paid. The plaintiff first demurred to the plea, and the Court sustained…
1Opinion of the CourtGoldthwaite, J.
— 1. The refusal of the County Court to make the order asked for, at the instance of the defendants, to require the plaintiff to answer the interrogatories propounded by them, is not a matter which can be reversed by writ of error. It is not a matter entering into the final judgment of the Court, but is merely one mode, out of many, by which evidence is to be brought before the jury; and does not, to us, *760seem to materially differ in its analogies, from the suing out of a commission to take the deposition of a witness. If the Court acts improperly in such a matter, it may possibly be subject…
2Cases cited2 opinions
- Deshler v. HodgesSupreme Court of Alabama · 1842
- Botts v. BridgesSupreme Court of Alabama · 1837
3Cited by6 opinions
- Mallory v. MatlockSupreme Court of Alabama · 1846
- Ex Parte StateSupreme Court of Alabama · 1928
- Robinson v. CraigSupreme Court of Alabama · 1849
- Tuck v. CarlisleSupreme Court of Alabama · 1928
- Ex Parte Alabama Power Co.Supreme Court of Alabama · 1967
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