Green v. McCord
Supreme Court of Alabama
Appeal from Circuit Court, Coosa County; S. L. Brewer, Judge. Action by D. F. Green, as Superintendent of Banks, against Z. D. McCord, on a promissory note. From rulings on the pleadings, plaintiff took nonsuit with bill of exceptions, and appeals. The plaintiff has a right to review the ruling of the court inducing the nonsuit. 184 Ala. 279, 63 South. 567. Counsel discuss the assignments of error, but without citation of authority.
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Appeal from Circuit Court, Coosa County; S. L. Brewer, Judge. Action by D. F. Green, as Superintendent of Banks, against Z. D. McCord, on a promissory note. From rulings on the pleadings, plaintiff took nonsuit with bill of exceptions, and appeals. The plaintiff has a right to review the ruling of the court inducing the nonsuit. 184 Ala. 279, 63 South. 567. Counsel discuss the assignments of error, but without citation of authority. A surety; who has paid his principal’s debt, becomes the owner of the debt and all the collateral security thereto. Sections 5385 and 5388, Code 1907; 196 Ala.…
1Opinion of the Court
THOMAS J.
Because of the ruling of the court sustaining demurrer to plaintiff’s pleading, a nonsuit with bill of exceptions was taken. Paterson & Edey Lbr. Co. v. Bank of Mobile, 84 South. 721; Schillinger v. Wickersham, 199 Ala. 612, 75 South. 11; Berlin Mach. Works v. Ewart, 184 Ala. 272, 279, 63 South. 567.
To an understanding of the ruling making necessary the nonsuit it should be said that the superintendent of banks, liquidating the Farmers’ & Merchants’ Bank, sued defendant for $5,000 on a promissory note due and payable on the 1st day of February, 1918. To this defendant replied that he…
2Cases cited10 opinions
- Berlin Machine Works v. Ewart L. Co.Supreme Court of Alabama · 1913
- Schillinger v. WickershamSupreme Court of Alabama · 1917
- Tatum v. Commercial Bank & Trust Co.Supreme Court of Alabama · 1914
- Hall v. First BankSupreme Court of Alabama · 1916
- Paterson & Edey Lumber Co. v. Bank of MobileSupreme Court of Alabama · 1919
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3Cited by5 opinions
- Grisim v. Live Stock State BankSupreme Court of Minnesota · 1926
- Hess v. GowerSuperior Court of Pennsylvania · 1939
- Green v. McCordSupreme Court of Alabama · 1920
- Baach v. Bank of PocahontasSupreme Court of Virginia · 1931
- Austin v. SiskCourt of Appeals of Texas · 1926