Morgan v. Embry
Alabama Court of Appeals
Appeal from Circuit Court, Talladega County; Hugh D. Merrill, Judge. Action by Eddie Embry against George I-I. Morgan for penalty for failure to enter partial payment on the margin of the record of a mortgage. Judgment for the plaintiff, and the defendant appeals. The original count was demurred to and was amended, and it does not appear that the demurrers were refiled thereto.
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Appeal from Circuit Court, Talladega County; Hugh D. Merrill, Judge. Action by Eddie Embry against George I-I. Morgan for penalty for failure to enter partial payment on the margin of the record of a mortgage. Judgment for the plaintiff, and the defendant appeals. The original count was demurred to and was amended, and it does not appear that the demurrers were refiled thereto. The action was to recover the penalty for failure to enter partial payment on the margin of the record of two mortgages. Plea 2 set up two judgments in favor of the defendant here against the plaintiff here as a…
1Opinion of the CourtMerritt, J.
[1] This court cannot say that the trial court improperly overruled the demurrers to the amended complaint for the reason that the demurrers nowhere appear in the transcript.
Replication No. 2 was subject to demurrer, but it was not subject to the demurrer interposed to it. The demurrers are general, and neither iioint out any defect in the replication.
[2-4] The complaint contained two counts one for nonentry of partial payments, and the other for nonentry of total balance unpaid on the margin of the mortgage record. Refused charge No. 3 was inapt, in that it predicated a verdict for the…
2Cases cited4 opinions
- Kress v. LawrenceSupreme Court of Alabama · 1908
- Turnipseed v. BurtonAlabama Court of Appeals · 1912
- Southern Express Co. v. MaloneAlabama Court of Appeals · 1917
- Lasby v. StateAlabama Court of Appeals · 1918
3Cited by8 opinions
- Aspinwall v. GowensSupreme Court of Alabama · 1981
- Andalusia Motor Co. v. MullinsAlabama Court of Appeals · 1938
- White Roofing Company v. WheelerAlabama Court of Appeals · 1957
- American Bankers' Ins. Co. v. O'NealAlabama Court of Appeals · 1933
- Odum v. ColdwellAlabama Court of Appeals · 1925
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