Ladiga Saw-Mill Co. v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This action was brought by J. H. Smith, against T. P. Beck-well, J. C. Graham and James H. Savage, who were described as “doing a saw-mill business at Ladiga, Alabama, under the partnership name of the Ladiga Saw-Mill Company ;” was founded on a promissory note under seal for $147.70, alleged to be executed “by the defendant to said plaintiff, on the 23d •July, 1883, and due the 1st October, 1883…
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This action was brought by J. H. Smith, against T. P. Beck-well, J. C. Graham and James H. Savage, who were described as “doing a saw-mill business at Ladiga, Alabama, under the partnership name of the Ladiga Saw-Mill Company ;” was founded on a promissory note under seal for $147.70, alleged to be executed “by the defendant to said plaintiff, on the 23d •July, 1883, and due the 1st October, 1883 and was commenced on the 12th July, 1884. Process was served on Savage and Graham, but returned not found as to Beekwell.…
1Opinion of the CourtSomerville, J.
The note introduced in evidence purported to be executed by J. C. Graham, one of the defendants, in the name of the “Ladiga Saw-Mill Co.”; and the action is against the defendants as individuals, doing business under the firm name and style as a partnership.
The note being the foundation of the suit, and its execution not being denied by a sworn plea of non esb factum, it was .properly received in evidence without any proof of its execu*110tion. Such is the rule of evidence expressly prescribed by statute. — Code 1876; § 3036 ; Palmer v. Scott, 68 Ala. 380.
The record shows service only on two of…
2Cases cited6 opinions
- Savage v. WalsheSupreme Court of Alabama · 1855
- Grayham v. RoberdsSupreme Court of Alabama · 1845
- Shapard v. LightfootSupreme Court of Alabama · 1876
- Haralson v. CampbellSupreme Court of Alabama · 1879
- Palmer & Co. v. Scott & Co.Supreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Baldridge v. EasonSupreme Court of Alabama · 1892
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
- Brown v. StateSupreme Court of Florida · 1892
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
7 more not listed; retrieve them via the Exa API.