Gowen v. Jones
Supreme Court of Alabama
Erhob to the Circuit Court of Montgomery. Tried before the Hon. Robert Dougherty. ■ Jones sued Gowen & Co. and another, in the Circuit Court on a bill of exchange. The action was assumpsit, and the bill on which it was founded was drawn by Cowen & Co. and McRea on Mauldin & Terrill, for one thousand dollars.
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Erhob to the Circuit Court of Montgomery. Tried before the Hon. Robert Dougherty. ■ Jones sued Gowen & Co. and another, in the Circuit Court on a bill of exchange. The action was assumpsit, and the bill on which it was founded was drawn by Cowen & Co. and McRea on Mauldin & Terrill, for one thousand dollars. No pleas appear in the record until the fall term of said court, 1850. At the fall term, 1849, the record shows that the defendants confessed judgment for eight hundred and fifty dollars, “part of the amount in controversy between the parties,” and the cause was continued for the balance.…
1Opinion of the CourtLigon, J.
Under the view taken of this case by a majority of the court, it will be needless to examine whether the question involved was rightly raised in the court below, by motion to strike the case from the docket, or under the plea of the former recovery, as they hold it could not avail the plaintiffs in error in either form.
The case of Henderson v. Henry, 6 Ala. Rep. 361, is considered as having settled the practice in this State, as it was ruled in the court below; and doubtless, under the authority of that case, a practice, which, at the time of that decision, was only partially indulged, has…
2Cases cited2 opinions
- Edwards v. LewisSupreme Court of Alabama · 1850
- Henderson v. HenrySupreme Court of Alabama · 1844
3Cited by7 opinions
- Phillips v. TowlesSupreme Court of Alabama · 1882
- Rhea v. TuckerSupreme Court of Alabama · 1876
- Waller v. Sultzbacher & PaigeSupreme Court of Alabama · 1862
- State ex rel. Spring River Electric Power Co. v. ThurmanSupreme Court of Missouri · 1910
- Brown v. WarrenNevada Supreme Court · 1883
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