President of the Bank of Alabama v. Simonton
Texas Supreme Court
In addition to the facts of tbis case, as stated in the opinion of the court, the record presents a bill of exceptions substantially as follows: “Beit remembered that in this case the defendant, by his counsel, came into court when said case was called for trial, and excepted, ore teniis, under the general demurrer, that the petition of said plaintiff was defective in not setting forth the name of the party plaintiffs in the cause, as a corporation, if they sued as such, or…
Read the full summary
In addition to the facts of tbis case, as stated in the opinion of the court, the record presents a bill of exceptions substantially as follows: “Beit remembered that in this case the defendant, by his counsel, came into court when said case was called for trial, and excepted, ore teniis, under the general demurrer, that the petition of said plaintiff was defective in not setting forth the name of the party plaintiffs in the cause, as a corporation, if they sued as such, or the names of the parties, if not an incorporated company, which said exceptions the plaintiffs opposed because the…
1Opinion of the Court
Mr. Justice "Wheeler
delivered tlie opinion of the court, Mr. Justice Lipsoomb not sitting, having been of counsel in the court below.
*533This suit was brought by the appellants in the name of “ The president and directors of the Bank of the State of Alabama,” upon a promissory note set out in the petition and payable to the plaintiffs by that name.
That part of the petition which purports to state the names of the plaintiffs is in these words:
“The petition of the president and directors of the Bank of the State of Alabama would make known to your honor that "William Simonton, a citizen of said…
2Cases cited8 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Dutchess Cotton Manufactory v. DavisNew York Supreme Court · 1817
- United States Bank v. StearnsNew York Supreme Court · 1836
- Williams v. Bank of MichiganCourt for the Trial of Impeachments and Correction of Errors · 1831
3 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Howard Hume, Administrators, Etc. v. WindomTexas Supreme Court · 1894
- Humble Oil & Refining Co. v. Sun Oil Co.Court of Appeals for the Fifth Circuit · 1951
- Fullen v. FullenNew Mexico Supreme Court · 1915
- Hanley v. Oil Capital Broadcasting Ass'nTexas Supreme Court · 1943
- Elsby v. LunaTexas Commission of Appeals · 1929
53 more not listed; retrieve them via the Exa API.