Sexton v. Rone
Supreme Court of Alabama
Ei’ror to the Circuit Court of Tuscaloosa. Assumpsit on a promissory note. Upon the writ is an in-dorsement, that the action is on a note made by the defendant, to the plaintiff, on the 9th April, 1843, for the payment of ninety dollars on the first January after. The writ was sued out on the 16th August, 1843. The declaration describes the note as due on the 1st June, 1843. The defendant craved oyer of the writ, and indorsement, and pleaded in abatement of the writ.
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Ei’ror to the Circuit Court of Tuscaloosa. Assumpsit on a promissory note. Upon the writ is an in-dorsement, that the action is on a note made by the defendant, to the plaintiff, on the 9th April, 1843, for the payment of ninety dollars on the first January after. The writ was sued out on the 16th August, 1843. The declaration describes the note as due on the 1st June, 1843. The defendant craved oyer of the writ, and indorsement, and pleaded in abatement of the writ. And another plea in abatement, likewise craving oyer of the writ, and indorsement, and pleaded in abatement, the variance…
1Opinion of the CourtOrmond, J.
— The design of the Legislature, in requiring the cause of action to be stated on the writ, was to apprise the defendant of the matter in controversy, and was intended as a substitute for service of a copy of the declaration previously required. In Wharton v. Franks, 9 Porter, 232, an attempt was made to plead in abatement, a variance between the in-dorsement on the writ, and the declaration, and this Court held, that the matter could not be pleaded in abatement. It would be perverting the intention of the statute, to entertain such a plea, the design being, not to give the defendant ah…
2Cases cited1 opinion
- Wharton v. FranksSupreme Court of Alabama · 1839
3Cited by6 opinions
- Tenison v. MartinSupreme Court of Alabama · 1848
- Nelson v. WebbSupreme Court of Alabama · 1875
- Caldwell v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1847
- Ex parte RyanSupreme Court of Alabama · 1846
- Bank of the State v. JohnsonSupreme Court of Alabama · 1846
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