Mills & Co. v. Stewart
Supreme Court of Alabama
Writ of Error to the County Court of Mobile. This was an action of assumpsit, at the suit of the plaintiffs in error, on a promissory note, by which the defendant, on the 28th December, 1843, promised to pay to George G. Henry, or bearer, at the Bank of Mobile, on the 1st March, 1845, the sum of seventeen hundred and ninety-three 22-100 dollars. The note was indorsed and delivered by the payee to the plaintiffs.
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Writ of Error to the County Court of Mobile. This was an action of assumpsit, at the suit of the plaintiffs in error, on a promissory note, by which the defendant, on the 28th December, 1843, promised to pay to George G. Henry, or bearer, at the Bank of Mobile, on the 1st March, 1845, the sum of seventeen hundred and ninety-three 22-100 dollars. The note was indorsed and delivered by the payee to the plaintiffs. Among other pleas, the defendant pleaded, that on the 31st March, 1845, Messrs. Perkins, Hopkins & White, of New-York, instituted proceedings in the commercial court of New-Orleans,…
1Opinion of the CourtCollier, C. J.
If a plea commence as an answer to the whole declaration, and in truth the matter pleaded is only an answer to part, the whole plea is bad, and the plaintiff may demur; but if it begin as an answer to part, it is deemed an answer to that part only, although it may contain a legal de-fence to the whole declaration. So it is said, that if a plea begin only as an answer to part, and is in truth but an answer to part, the plaintiff cannot demur, but must take his judgment for the part unanswered as by nil dicit; and if he demur or plead over, the whole action is discontinued. [1 Chit. Pl. 509;…
2Cases cited4 opinions
- The Amiable IsabellaSupreme Court of the United States · 1821
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- Montgomery Gas Light Co. v. Merrick & SonsSupreme Court of Alabama · 1878
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