M'Alpin v. May
Supreme Court of Alabama
This was an action of debt brought in the Circuit Court of Greene county, by May against the plaintiffs in error, on a note for ,$160. The defendants below pleaded nil debet, and afterwards pleaded a pleaptiz.9 darrien continuance,, which alleges that the plaintiff ought not further to have or maintain his action thereof against them, because since the last continuance, on a certain day, the plaintiff and defendants submitted themselves to the ar* bitrament of, and engaged…
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This was an action of debt brought in the Circuit Court of Greene county, by May against the plaintiffs in error, on a note for ,$160. The defendants below pleaded nil debet, and afterwards pleaded a pleaptiz.9 darrien continuance,, which alleges that the plaintiff ought not further to have or maintain his action thereof against them, because since the last continuance, on a certain day, the plaintiff and defendants submitted themselves to the ar* bitrament of, and engaged to stand by the award of J. W, and others, selected to arbitrate and determine of and concerning the subject matter of…
1Opinion of the Court
By JUDGE CRENSHAW.
In argument it was contended that the plea was not well pleaded, and that it ought to have been sworn to. It was said that the plea in its commencement professed to be an answer to the whole declaration, but that it answered only a part, in shewing that the arbitrators had awarded a less sum than was claimed in the action. I am of opinion, that in this respect the plea was well pleaded, and that it was a bar to the action.
But the objection that the plea was not verified by affidavit appears to me to be properly taken. The plea puis darrien -continuance is a waiver or…
2Cited by5 opinions
- Hunt v. TestSupreme Court of Alabama · 1845
- McCoy v. Harrell, Nichols & Co.Supreme Court of Alabama · 1866
- McWhorter v. LewisSupreme Court of Alabama · 1842
- Henry v. PorterSupreme Court of Alabama · 1857
- Jessee v. CaterSupreme Court of Alabama · 1854