Arthur v. Broadnax
Supreme Court of Alabama
Error to the-County Court of Chambers.' THIS action was commenced before a justice of the peace, by the defendant in error, and judgmfent having beenrendered in her favor, was -carried by the plaintiffs in error to the County Court of Chambers, where the plaintiffs in error pleaded that the plaintiff below was a feme covert, to which she replied that her husband had abjured the realm before the’note on. which the action is founded, was; given, and has ever-since re-maimed…
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Error to the-County Court of Chambers.' THIS action was commenced before a justice of the peace, by the defendant in error, and judgmfent having beenrendered in her favor, was -carried by the plaintiffs in error to the County Court of Chambers, where the plaintiffs in error pleaded that the plaintiff below was a feme covert, to which she replied that her husband had abjured the realm before the’note on. which the action is founded, was; given, and has ever-since re-maimed abroad. Issue being joined thereon, and'the’cause submitted to a jury, the Court charged them, that if they believed the…
1Opinion of the CourtOrmond, J.
In the case of Wheeler v. Bullard, 6th Porter, 352, we held, that by pleading to the action, the defendant admitted that a declaration was filed. This has been repeatedly held since that decision was' made, and disposes of the first and second assignments of errors as it appears from the record, that the defendant appeared and pleaded to the action.
The answer to the plea of coverture made by the plaintiff, is that her husband had abjured, the State before the note was given. The Court in its charge to the jury, inform them, that if they find such to be the fact, and that the husband still…
2Cases cited1 opinion
- Gregory v. PaulMassachusetts Supreme Judicial Court · 1818
3Cited by14 opinions
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- Miller v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1950
- Young v. Pollak & Co.Supreme Court of Alabama · 1888
- Buford v. AdairWest Virginia Supreme Court · 1897
- Summerville v. SummervilleWashington Supreme Court · 1903
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