Johnson v. King
Supreme Court of Alabama
Error to tbe Circuit Court of Washington. Tried before tbe Hon. John Bragg. This was an action brought by King against Johnson and wife, on a note made by Mrs. Johnson before her marriage with Johnson. Two writs were issued in this case precisely alike; one was executed on Johnson by the sheriff of Mobile, and the other on his wife, by the sheriff of a different county. It is not said in the endorsement on the writ, that they are both for the cause of action.
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Error to tbe Circuit Court of Washington. Tried before tbe Hon. John Bragg. This was an action brought by King against Johnson and wife, on a note made by Mrs. Johnson before her marriage with Johnson. Two writs were issued in this case precisely alike; one was executed on Johnson by the sheriff of Mobile, and the other on his wife, by the sheriff of a different county. It is not said in the endorsement on the writ, that they are both for the cause of action. The defendant moved to quash for this cause, which the court refused, and the defendant excepted. At the trial the plaintiff introduced…
1Opinion of the CourtPhelan, J.
The motion to quash was properly refused. And even if it had not been, this court will not, in such a case, review the decision of the court below, on a motion to quash. If the party wishes to avail himself of the right to review the decision upon such objections, he must plead them in abatement.
The note itself was evidence of all it contained, and proved its own date, in the absence of stronger proof to the contrary, as much as its amount: and there is no difference in the rule in this respect, when husband and wife are sued on a note given by the wife when sole, from what it would be in any…
2Cited by7 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Alabama National Bank v. HuntSupreme Court of Alabama · 1899
- Jones v. BlairSupreme Court of Alabama · 1876
- J. R. Raible Co. v. City Bank & Trust Co.Alabama Court of Appeals · 1927
- Noble & Bro. v. Cullom & Co.Supreme Court of Alabama · 1870
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