Case v. Byrne
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Assumpsit by the defendants in error, on a promissory note. The plaintiffs count upon a promissory note made to them by the defendants, in the usual form. The pleas are thus entered: “Defendants plead non-assumpsit, payment, and set-off, in short by consent.” Signed by defendants’ attorneys ; and an entry by plaintiffs’ attorney, “ I consent to the above pleas in short.”
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Error to the Circuit Court of Mobile. Assumpsit by the defendants in error, on a promissory note. The plaintiffs count upon a promissory note made to them by the defendants, in the usual form. The pleas are thus entered: “Defendants plead non-assumpsit, payment, and set-off, in short by consent.” Signed by defendants’ attorneys ; and an entry by plaintiffs’ attorney, “ I consent to the above pleas in short.” The plaintiffs then demurred to the plea of set-off, and the demurrer was sustained by the court, and upon the trial of the other issues, a verdict and judgment was rendered for the…
1Opinion of the CourtOrmond, J.
-We do not consider the waiver of the plaintiffs’ counsel, to extend further, than that he did not object to the pleas not being formally written out, and did not preclude him from raising the question by a demurrer, whether the pleas so indicated by their name, were good pleas in bar of the action, if formally pleaded. The demurrer was doubtless interposed upon the supposition, that the declaration disclosed the fact, that the plaintiffs were man and wife, and that therefore the plea of off-set could not be interposed to an action brought in their joint name. As the declaration did not…
2Cases cited1 opinion
- Morris v. BoothSupreme Court of Alabama · 1846