Gillaspie v. Wesson
Supreme Court of Alabama
Error to the Circuit court, of Lauderdale. Debt, on. a written instrument, given for the purchase of a horse, tried before Lave. .1. One of the defendants sued in this case, not being served, plaintiff discontinued as to him, and declared against the other three.
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Error to the Circuit court, of Lauderdale. Debt, on. a written instrument, given for the purchase of a horse, tried before Lave. .1. One of the defendants sued in this case, not being served, plaintiff discontinued as to him, and declared against the other three. To the declaration, defendants plead the general issue, and a special plea, setting forth that they were officers of the militia, ordered into service by the State Executive, against the hostile Creek Indians, and that the horse was purchased to meet the emergency, and on account of the government of the United States. To the special…
1Opinion of the CourtCollier, C. J.
— The defendant in error caused to be issued, a writ, in debt, against the plaintiffs and William W. Garrard, returnable to- the Circuit court of Lauder-dale. The writ was executed on the plaintiffs, and returned not found, as to Garrard.
In his declaration, the defendant, inciting that process had not been executed on Garrard, as to him, discontinued his action, and declared against the plaintiff's in three counts. In the first two, tire cause of action is stated to be a “ written undertaking,” entered into on the twenty-fourth day of May, eighteen hundred and thirty. *457six, by whioh tho…
2Cited by8 opinions
- Watts v. GayleSupreme Court of Alabama · 1852
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Drake v. Elewellen & Co.Supreme Court of Alabama · 1858
- Gillis v. WhiteSupreme Court of Alabama · 1925
- Cassimus v. Vaughn Realty Co.Supreme Court of Alabama · 1928
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