McDougald's Adm'r v. Dawson's
Supreme Court of Alabama
¡Appeal from tbie Circuit Court of Russell. -Tried before the-Hon. JohN Gild Siiobtek. Tins v action was .'br.onght by John R. Lawson, and revised in tbe name pflhis exlecutor, against the, administrator of Lahicl McLougald,:'deceased,;-to: recover contfibutidn for ¡money! paid by .sakt Lawson on three promissory notes; one for $5,500, and two for $2,500 each, which-were executed •'■by said McLougald,-'.'Lawsdn, and one Jbhn Flontkine,1 and wtere-payable.t'o Holbrook,…
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¡Appeal from tbie Circuit Court of Russell. -Tried before the-Hon. JohN Gild Siiobtek. Tins v action was .'br.onght by John R. Lawson, and revised in tbe name pflhis exlecutor, against the, administrator of Lahicl McLougald,:'deceased,;-to: recover contfibutidn for ¡money! paid by .sakt Lawson on three promissory notes; one for $5,500, and two for $2,500 each, which-were executed •'■by said McLougald,-'.'Lawsdn, and one Jbhn Flontkine,1 and wtere-payable.t'o Holbrook, Ntelson,& Go.-¡or brder ;‘"and was commtehced on; the 14th'.March; >1861, Tiré’defendant' plcad'e€ly>ambngv©thei', things;…
1Opinion of the CourtWalker, J.
The defendant in this case pleaded seven pleas. Demurrers were sustained to the 2d, 4th, 6th, and 7th pleas. The sustaining of the demurrers!to the 2d, 4th, and 6th pleas is assigned for error:; ■ There- is no assignment as error of the sustaining the demurrer:to the 7th plea-. The assignments of error, therefore, render it necessary for us to pass upon the sufficiency of the'2d, 4th, and 6th pleas, but not of the 7th. . -
The 2d plea avers, that the claim sued upon was- not presented to the defendant, nor filed in the probate Court, before the commencement of the suit. This plea-‘tints *558clearly…
2Cases cited2 opinions
- Middleton's Adm'r v. Maull's Adm'rSupreme Court of Alabama · 1849
- Phelan v. PhelanSupreme Court of Alabama · 1848
3Cited by10 opinions
- Ex Parte WilkinsonSupreme Court of Alabama · 1929
- Wright v. EvansSupreme Court of Alabama · 1875
- Thames v. HerbertSupreme Court of Alabama · 1878
- Galbreath v. ColeSupreme Court of Alabama · 1878
- Gimon v. TerrellSupreme Court of Alabama · 1861
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