Lawson v. Miller
Supreme Court of Alabama
Appeal from Circuit Court of Hale. Tried before A. Benners, Esq., an attorney of the court, under § 758 of the Eevised Code, the presiding judge having been of counsel. The facts upon which the decision is based will be found in the opinion. “ Illegality of consideration,” when relied on as a defense, must be specially plead. — See 1st vol. of Chitty on Plead. (14th ed.) p. 515, 516 and 517, note h.
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Appeal from Circuit Court of Hale. Tried before A. Benners, Esq., an attorney of the court, under § 758 of the Eevised Code, the presiding judge having been of counsel. The facts upon which the decision is based will be found in the opinion. “ Illegality of consideration,” when relied on as a defense, must be specially plead. — See 1st vol. of Chitty on Plead. (14th ed.) p. 515, 516 and 517, note h. But, if this special plea in this case should be held to have put in issue the legality of the consideration of contracts given and executed for a loan of Confederate currency, we maintain the…
1Opinion of the CourtPeters, J.
This was an action of debt, founded on a promissory note, in the words and figures following, to-wit:
“ $117 50. Greensboro, Ala., August 1st, 1865. One day after date, I promise to pay W. G. Miller, or bearer, the sum of four hundred and forty-seven dollars and fifty cents, borrowed moqey, with interest from date. Witness my hand and seal, [Rev. stamps, 25 cents.]
“L. Lawson.”
The suit was instituted by Miller against Lawson, in the circuit court of the county of Hale, in this State, on the 3d day of August, 1867, and was finally tried on the 30th day of March, 1869. The cause was submitted to…
2Cases cited10 opinions
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