Blount v. McNeill
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. This action was commenced on the 5th February, 1855, and was founded on the defendant’s three promissory notes, one of which was not due until the 1st March, 1855. The judgment was by nil dicit, for the amount of the notes and interest, and was rendered on the 14th April, 1855. It is now assigned as error, that one of the notes was not due when the suit was commenced.
1Opinion of the CourtWalker, J.
The case of Randolph t. Cook & Ellis, 2 Porter, 286, is distinguishable from this. In that case, the entire cause of action was immature at the commencement of the suit. In this case, only one of the three notes sued on was not due when the suit was commenced, and there is no other objection to the declaration. It is unnecessary, therefore, in the decision of this case, either to maintain or to overrule that decision. The declaration here contains a good cause of action; and if the defendant had resisted the judgment of the court below, either by plea or demurrer,' the defense would have been…
2Cases cited1 opinion
- Randolph v. CookSupreme Court of Alabama · 1835
3Cited by10 opinions
- Foster v. StateSupreme Court of Alabama · 1864
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Mason v. BarnardSupreme Court of Missouri · 1865
- Mahoney v. O'LearySupreme Court of Alabama · 1859
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