Lang v. Waters' Administrator
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw. Tried, before Hon. Luther E. Smith. This was an action by the payee against the maker, founded on a promissory note, dated December 26, 1859, and due January 1, 1862, for ten thousand four hundred and forty dollars. Defendant pleaded four pleas — 1st, payment, upon which issue was taken. The other pleas were as follows: “2d.
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Appeal from the Circuit Court of Choctaw. Tried, before Hon. Luther E. Smith. This was an action by the payee against the maker, founded on a promissory note, dated December 26, 1859, and due January 1, 1862, for ten thousand four hundred and forty dollars. Defendant pleaded four pleas — 1st, payment, upon which issue was taken. The other pleas were as follows: “2d. Defendant says, as a defense to the action of plaintiff, that at the time said summons was sued out, the plaintiff was indebted to him in the sum of $15,000, by an unliquidated demand amounting to $15,000, stated above, the 1st…
1Opinion of the CourtPeters, J.
The action of the court below upon the demurrers will be first considered. The pleadings .in this State are regulated by statute. Pleas with us can hardly be said to have any technical names or technical forms, as at common law. A succinct statement of the facts relied on in bar or abatement of the suit is sufficient, if the facts *634are so stated that a material issue can be taken thereon. This is the rule that must govern in their construction. — Rev. Code, §§ 2629, 2638. In this case there is no controversy about the first plea. It is only the second, third, and fourth pleas that are objected…
2Cases cited5 opinions
- Thompson v. BowieSupreme Court of the United States · 1867
- Gayle v. BishopSupreme Court of Alabama · 1848
- White v. The GovernorSupreme Court of Alabama · 1851
- Bobe v. FrownerSupreme Court of Alabama · 1850
- Newman v. PryorSupreme Court of Alabama · 1850
3Cited by12 opinions
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Harden v. Darwin & PulleySupreme Court of Alabama · 1880
- Insurance Co. of Tennessee v. WallerTennessee Supreme Court · 1905
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