Gazzam v. Bank of Mobile
Supreme Court of Alabama
Error to the County Court of Mobile County. THIS was a motion in the court below, by the bank, for judgment against the plaintiffs in error, as makers of a promissory note, to S. Andrews, for four thousand seven hundred and twenty dollars. An issue being made between the parties, and a jury impannelled, the plaintiffs below produced and read the certificate of the president of the bank, that the note sued on was the pro-pert}7 of the bank.
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Error to the County Court of Mobile County. THIS was a motion in the court below, by the bank, for judgment against the plaintiffs in error, as makers of a promissory note, to S. Andrews, for four thousand seven hundred and twenty dollars. An issue being made between the parties, and a jury impannelled, the plaintiffs below produced and read the certificate of the president of the bank, that the note sued on was the pro-pert}7 of the bank. The plaintiff also produced the note on which the motion was founded, and offered to prove that it was endorsed in blank by S. Andrews ; but it was not…
1Opinion of the CourtOrmond, J.
— This case has been twice argued before this court, and has received from us a patient consideration.
But two points have been made—
1. Was the judgment of the court below, on the demurrer, correct.
2. Has this court power to award a venire de novo in a case like the present, or is it bound to render such judgment as the court below should have rendered.
Both of these points were considered by this court, in the case of Lee & Langdon v. The Branch Bank (8 Porter, 119.) We are thoroughly satisfied, that the decision in that case, on the first point, is correct. The stress of the argument in that…
2Cases cited1 opinion
- Lea v. Branch Bank at MobileSupreme Court of Alabama · 1838
3Cited by4 opinions
- Cook v. Raleigh Lumber Co.West Virginia Supreme Court · 1914
- Laas v. LubicWest Virginia Supreme Court · 1926
- Hanover Fire Insurance v. B. C. Lewis & SonsSupreme Court of Florida · 1887
- Jemison v. Plant. & Mer. BankSupreme Court of Alabama · 1850