Brown v. Fowler
Supreme Court of Alabama
Appeal front the Circuit Court of Etowah. Tried before the Hon. J. A. Bilbro. This was 'an action brought by the appellee, W. H. Fowler, against the appellants, J. R. and W. T. Brown.
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Appeal front the Circuit Court of Etowah. Tried before the Hon. J. A. Bilbro. This was 'an action brought by the appellee, W. H. Fowler, against the appellants, J. R. and W. T. Brown. The complaint, as amended, was as follows: “The plaintiff claims of the defendants the sum of two-thousand four hundred and twenty-one and 56-100 dollars, with interest thereon from the 13th day of April, 1897, due upon the following state of facts: Plaintiff'avers that on the 2d day of December, 1893, the defendants endorsed a written obligation executed by the Ragland Coal & Coke Company, a corporation, in…
1Opinion of the CourtHaralson, J.
1. The Code prescribes a form for a suit by an assignee against the assignor or indorser of a note, upon which suit has been brought to charge the maker, judgment obtained and execution issued accordr ing to law and returned “no property found,” as required in such sases, before proceeding against the assignor or indorser to make him liable, as by section 892 of the Oode. 'There is no form prescribed for suits [to charge the indorser, when he has in writing waived suit to charge himself (Oode, § 893), or when the holder of the indorsed or assigned paper is excused from bringing suit for one…
2Cases cited6 opinions
- Jones v. EngelhardtSupreme Court of Alabama · 1885
- Caulfield v. FinneganSupreme Court of Alabama · 1896
- Jackson v. BushSupreme Court of Alabama · 1886
- Gee v. NicholsonSupreme Court of Alabama · 1830
- Lindsay v. WilliamsSupreme Court of Alabama · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Falkner v. Protective Life Ins. Co.Supreme Court of Alabama · 1934
- Anderson & Co. v. BrammerAlabama Court of Appeals · 1912
- Marshall v. BishopSupreme Court of Alabama · 1903
- Watson v. First Nat. Bank of OppSupreme Court of Alabama · 1936