State Bank v. Dent
Supreme Court of Alabama
Writ of Error to the County Court of Tuscaloosa. This was a summary proceeding by notice and motion at the suit of the plaintiff. The defendant pleaded to the notice non asoumpsit and other pleas; thereupon the issues were submitted to a jury, but afterwards the plaintiff excepted to the ruling of the court, and then suffered a non-suit.
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Writ of Error to the County Court of Tuscaloosa. This was a summary proceeding by notice and motion at the suit of the plaintiff. The defendant pleaded to the notice non asoumpsit and other pleas; thereupon the issues were submitted to a jury, but afterwards the plaintiff excepted to the ruling of the court, and then suffered a non-suit. It appears from the bill of exceptions, that the notice was addressed to the sheriff, and required him to serve the same on Dennis Dent, Charles S. Pattison, and James Hullum, and then proceeds thus: “ Whereas, you are indebted to the President and Directors…
1Opinion of the CourtCollier, C. J.
The act of 1846 confers upon this court the authority to revise a judgment of non-suit, which has been rendered under the circumstances disclosed in the record. The only question then, which is presented is, whether the bill described in the notice is so variant from that offered as evidence, as to have required its exclusion.
In Griffin v. The Bank of the State, 6 Ala. Rep. 908, we said, the notice issued at the suit of a bank against its debtor is process to bring in the latter to answer. But after the motion indicated by it is made, it is then to be regarded as a motion in writing,…
2Cases cited2 opinions
- Lyon v. State BankSupreme Court of Alabama · 1828
- Griffin v. Bank of AlabamaSupreme Court of Alabama · 1844
3Cited by1 opinion
- Gates v. McClenahanSupreme Court of Iowa · 1904