Fields v. First Nat. Bank
Supreme Court of Alabama
1Opinion of the CourtSomerville, J.
Where the error assigned is the sustention of a demurrer to a plea, an argument asserting merely that the plea sets up so and so, and “is a good plea,” is not sufficient to save the assignment from the implication of waiver by non-insistence. However, defendant had the benefit of anything available under pleas 2 and 5 under other pleas, and their elimination on demurrer could not have been prejudicial.
In connection with the testimony of plaintiff’s cashier tending to show his agreement with defendant in that regard, the original deposit slips, showing deposits by the bank to defendant’s…
2Cases cited2 opinions
- Loveman, Joseph Loeb v. McQueenSupreme Court of Alabama · 1919
- Diament v. CollotySupreme Court of New Jersey · 1901
3Cited by8 opinions
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Louis Pizitz Dry Goods Co. v. House of Van Praag, Inc.Supreme Court of Alabama · 1929
- Powell v. PickettSupreme Court of Alabama · 1929
- Atlanta Life Ins. Co. v. BoldenSupreme Court of Alabama · 1940
- Counts v. BarnesSupreme Court of Alabama · 1932
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