Goggins v. Smith's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Ilou. Nat. Cook. This action was brought by John C. Smith, (and after-, wards revived in the name of his administrator,) against Samuel Goggins ; was founded on a promissory note for $750, executed by one A. M. Presley, dated the 8th July, 1857, payable to the defendant by the 25th December next after date, and assigned by the defendant to the plaintiff; and was commenced on the 27th February, 1858. The complaint…
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Appeal from the Circuit Court of Talladega. Tried before the Ilou. Nat. Cook. This action was brought by John C. Smith, (and after-, wards revived in the name of his administrator,) against Samuel Goggins ; was founded on a promissory note for $750, executed by one A. M. Presley, dated the 8th July, 1857, payable to the defendant by the 25th December next after date, and assigned by the defendant to the plaintiff; and was commenced on the 27th February, 1858. The complaint alleged, that on the 25th December, 1857, and continuously from that time up to the commencement of the suit, the maker…
1Opinion of the CourtStone, J.
The defense set up in the 3d, 4th, 5th and 6th pleas, was available under the 1st and 2d pleas. Further, in this case the defendant actually introduced in support of the latter the evidence he relied on to sustain the former pleas. Having the full benefit of the entire defense he could have made, had the demurrer to his 3d, 4th, 5th and 6th pleas been overruled, it is manifest, if the court erred in sustaining the demurrer, it was error without injury. Hence, we will not' inquire whether either of those pleas tendered a valid defense. — -Shep.Dig. 568, §§ 93, 96; Powell v. Asten, at the…
2Cited by6 opinions
- Hightower v. OgletreeSupreme Court of Alabama · 1896
- Powell v. Henry & Co.Supreme Court of Alabama · 1892
- Owings v. BinfordSupreme Court of Alabama · 1885
- Steadman v. SteadmanSupreme Court of Alabama · 1868
- Hays v. MyrickSupreme Court of Alabama · 1872
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