Goetter, Weil & Co. v. Pickett
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. James Q. Smith. The appellants, Goetter, Weil & Co., brought this action against the appellee, Pickett, to recover the amount due upon a promissory note which he executed to them. The complaint, after describing the note declared on, concludes with the averment “ that the defendant waived all exemptions under the constitution and laws of Alabama in the promissory note sued on.” The defendant filed two pleas.
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Appeal from Montgomery Circuit Court. Tried before Hon. James Q. Smith. The appellants, Goetter, Weil & Co., brought this action against the appellee, Pickett, to recover the amount due upon a promissory note which he executed to them. The complaint, after describing the note declared on, concludes with the averment “ that the defendant waived all exemptions under the constitution and laws of Alabama in the promissory note sued on.” The defendant filed two pleas. The first was a plea of tion assumpsit. The second was a sworn plea as follows: “ For further answer to so much of the complaint as…
1Opinion of the CourtBrickell, C. J.
1. The statute contemplates that in suits upon instruments in which exemptions are waived, the fact of waiver shall be averred by the plaintiff, and the defendant may, if he does not contradict the existence of the' debt, limit his contestation to the fact of such waiver. — Code of 1876, § 2849. The general rule of pleading at common law, was, that a plea in bar professing in its commencement to answer the whole declaration, was bar on demurrer, if its matter was an answer to a part only of the plaintiff's cause of action. — 1 Chit. PL 523. The statute conferring on a defendant the right of…
2Cases cited2 opinions
- Hawkins v. HudsonSupreme Court of Alabama · 1871
- Hallenbeck v. DewittNew York Supreme Court · 1807
3Cited by29 opinions
- Potter v. First Real Estate Co., Inc.Supreme Court of Alabama · 2002
- Ex parte Louisville & Nashville R. R.Supreme Court of Alabama · 1912
- Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
- Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
- Cannon v. LindseySupreme Court of Alabama · 1887
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