Burford v. Cunningham
Supreme Court of Alabama
In this case, the plaintiff, Burford, instituted an action of debt, in the Circuit Court of Jefferson, to re-1 cover'of the defendants, the amount of a promissory! note. The' indorsement-of the cause of action, on} the writ, described it to be a sealed note, without set-1 ting ont the seals, and the declaration was in the common form upon a writing obligatory, but omitted a description of the seals.
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In this case, the plaintiff, Burford, instituted an action of debt, in the Circuit Court of Jefferson, to re-1 cover'of the defendants, the amount of a promissory! note. The' indorsement-of the cause of action, on} the writ, described it to be a sealed note, without set-1 ting ont the seals, and the declaration was in the common form upon a writing obligatory, but omitted a description of the seals. At the trial term, a judgment by default, for want of a plea, was rendered against the defendants, which was opened on affidavit of merits, and permission given to plead. The defendants demurred…
1Opinion of the Court
By Mr. Justice Hitchcock :
This was an action brought by the plaintiff in error against the defendants, in the Circuit court of Jefferson county. The writ is in the debet and dctinet, for two hundred dollars. ' The endorsement on the back of the writ, describes a promissory note dated the 6th of February, 1830, due the 25th December,. 1831, for two hundred dollars, stating it to be signed and sealed by the payors. There are no seals set out opposite to the signatures. The declaration is in the common form of an action of debt on a writing obligatory, describing such an instrument as is set…
2Cases cited2 opinions
- Tankersley v. RichardsonSupreme Court of Alabama · 1829
- Byrne v. HallSupreme Court of Alabama · 1827
3Cited by1 opinion
- Sims v. CanfieldSupreme Court of Alabama · 1841