Godbold v. Roberts
Supreme Court of Alabama
Error to the County Court of Monroe. Debt by the defendant, against the plaintiffs in error, on a promissory note of the defendant’s intestate. Plea, that the plaintiff’s intestate was indebted to the intestate of the defendant, in a larger amount than the note sued on. Replication, that the estate of the plaintiff’s intestate had been declared insolvent; to which the defendant demurred.
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Error to the County Court of Monroe. Debt by the defendant, against the plaintiffs in error, on a promissory note of the defendant’s intestate. Plea, that the plaintiff’s intestate was indebted to the intestate of the defendant, in a larger amount than the note sued on. Replication, that the estate of the plaintiff’s intestate had been declared insolvent; to which the defendant demurred. The Court overruled the demurrer, and the defendants failing to plead over, and by leave of the Court withdrawing their plea, thereupon the Court rendered judgment by nil dicit. The defendants prosecute this…
1Opinion of the Court
ORMOND, J
— The case cited is a full authority to the point, that the plea of off set, was not answered by the replication that the estate had been declared insolvent. The counsel for the defendant in error insists that the replication is good, from the consequences which must result from the act of 1843, (Clay’s Dig. 195, § 13,) considered in connection with the statute of set off, (Clay’s Dig. 338, § 141.) The first cited act, merely declares that no suit shall abate on the plea that the estate has been declared insolventsince the suit was.brought, but that the issues shall be tried, and if…
2Cited by1 opinion
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