Alabama National Bank v. Hunt
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Eton. I-I. C. Speake. This suit was instituted on October 13, 1896, by the Alabama National .Bank against George C. Hunt, John B. Tally and William Richardson; and counted upon a promissory note for five hundred dollars, which was .signed by the defendants and dated January 20, 1896, and payable on May 1st, 1896, to the order of Joseph F. Johnston, which note was alleged in the complaint to belong to the plaintiff.
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Appeal from the Circuit Court of Madison. Tried before the Eton. I-I. C. Speake. This suit was instituted on October 13, 1896, by the Alabama National .Bank against George C. Hunt, John B. Tally and William Richardson; and counted upon a promissory note for five hundred dollars, which was .signed by the defendants and dated January 20, 1896, and payable on May 1st, 1896, to the order of Joseph F. Johnston, which note was alleged in the complaint to belong to the plaintiff. This note was made payable at the Alabama'National Bank, at Birmingham, Alabama. The defendant, William Richardson,…
1Opinion of the CourtHaralson, J.
In this cause one of the defendants filed a number of special' pleas, to which demurrers were interposed. Upon these demurrers what purports to be the judgment entry contains the following recital: “Thereupon plaintiff’s demurrers numbered 1, 2, 3, 4, 5, 6, 7, 8 and 9 to the 3rd and 4th pleas are overruled and disallowed. All demurrers to 5th, 7th, 8th, 9th and 10th pleas are overruled and disallowed.”
It has been repeatedly held by this court that unless a party secures a ruling on a demurrer, it will be presumed on appeal that the demurrer was withdrawn or abandoned.- — Ala. Mid. Railway Co.…
2Cases cited10 opinions
- Bell v. OttsSupreme Court of Alabama · 1893
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
- Elyton Land Co. v. Morgan & Co.Supreme Court of Alabama · 1889
- McDonald v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898
- Summerhill v. TappSupreme Court of Alabama · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Roy v. O'NeillSupreme Court of Alabama · 1910
- Evans v. EvansSupreme Court of Alabama · 1955
- Tutwiler Coal, Coke & Iron Co. v. EnslenSupreme Court of Alabama · 1900
- Thomas v. WhiteSupreme Court of Alabama · 1943
14 more not listed; retrieve them via the Exa API.