Crowder v. Red Mountain Mining Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. IT. A. Sharpe. This was an action brought by the appellant, J. M. Crowder, against the Red Mountain Mining Company, a -corporation, and counted upon several promissory notes executed by the defendant, and which were alleged to have been transferred and assigned to and owned by the plaintiff in the present action.
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Appeal from the City Court of Birmingham. Tried before the Hon. IT. A. Sharpe. This was an action brought by the appellant, J. M. Crowder, against the Red Mountain Mining Company, a -corporation, and counted upon several promissory notes executed by the defendant, and which were alleged to have been transferred and assigned to and owned by the plaintiff in the present action. The suit was instituted on September 19, 1896. The defendant pleaded the general issue and several special pleas. In the second, third and' fourth pleas it set up a want of consideration for the notes sued on, and…
1Opinion of the CourtDowdell, J.
The appeal in this case is taken on the record without any bill of exceptions, and the assignments of error relate, to the rulings of the court on the demurrers to the third, fourth and fifth pleas and on the demurrer to the second replication. The record fails to set out the demurrer to the fifth plea, and there is nothing to show upon what ground's this demurrer *257rested. For aught that this court can know, this demurrer may have been general or frivolous, and in support of the rulings of the trial court, it will be presumed that no sufficient ground of demurrer was presented.
Demurrers were…
2Cases cited13 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
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- Davis v. BrownSupreme Court of the United States · 1877
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- Strauss v. MeertiefSupreme Court of Alabama · 1879
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3Cited by21 opinions
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- Angus v. Wald (In Re Wald)United States Bankruptcy Court, N.D. Alabama · 1997
- Reid v. Singer Sewing MacH. Co.Supreme Court of Alabama · 1928
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