Tyson v. Oliver
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. C. W. Rapier. The facts of tbe case are sufficiently set out in tbe opinion. The defendants both joined the Confederate army in the spring of 1861, before the bill matured. At its maturity, one was stationed at Pensacola» the other at Fort Morgan. The plaintiff could not approach either place, without permission from the military authorities, to give personal notice. He was not bound to apply for such authority.
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Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. C. W. Rapier. The facts of tbe case are sufficiently set out in tbe opinion. The defendants both joined the Confederate army in the spring of 1861, before the bill matured. At its maturity, one was stationed at Pensacola» the other at Fort Morgan. The plaintiff could not approach either place, without permission from the military authorities, to give personal notice. He was not bound to apply for such authority. There was no mail to either place. This condition produces the same legal effect as if the defendant had absconded, and…
1Opinion of the CourtB. F. Saffold, J.
The appellant was the holder of a bill of exchange, drawn and endorsed by the appellees, payable at the Bank of Mobile on the 1st of December, 1861. The bill was protested for non-payment on the 4th of December, 1861. Notices separately to the appellees, directed to Portland, Dallas county, Alabama, and a notice to one of them, Starke H. Oliver, directed to Mobile, Alabama, were placed in the post-office at Mobile, Ala.
The bill of exceptions presents the single inquiry, whether the notice given was sufficient. At the time of signing this bill, Samuel W. Oliver resided in Dallas county, and…
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