Holley v. Coffee
Supreme Court of Alabama
AppeaIj from the Circuit Court of Covington. Tried before the Hon. J. W. Foster. This action was brought-on May 15, 1897, by the appellee, M. J. Coffee, against the appellant, C. H. Holley; and counted upon three promissory ..notes, given by the defendant to the plaintiff on April 80, 1883.; and made payable sixty days, 4 months, and G months after date, respectively.
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AppeaIj from the Circuit Court of Covington. Tried before the Hon. J. W. Foster. This action was brought-on May 15, 1897, by the appellee, M. J. Coffee, against the appellant, C. H. Holley; and counted upon three promissory ..notes, given by the defendant to the plaintiff on April 80, 1883.; and made payable sixty days, 4 months, and G months after date, respectively. The complaint, after counting upon said notes, contained the following averments: “And plaintiff avers that each and all of said three notes last declared on were made and executed in the State of Texas, and were made payable…
1Opinion of the CourtMcCLELLAN, C. J.
There is a judgment in the record overruling a demurrer to the complaint, but the demurrer does not appear in the transcript. We cannot review the action of the court in overruling it.
Plaintiff’s motion to strike pleas 3 and 4 and defendant’s motion to strike plaintiff’s replication to plea 1 do not appear by the bill of exceptions, nor are the rulings of the court thereon shown in the bill of exceptions. They cannot, therefore, be reviewed.
The replications, however, were good, and both the *412motion to strike, and the demurrer interposed after the motion to strike had been denied, were properly…
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