Henry & Co. v. Northern Bank
Supreme Court of Alabama
Appeal from tbe Circuit Court of Madison. Tried before tbe Hon. Louis Wyeth. This action was brought by the partners composing the late firm of A. G. Henry & Co., a mercantile partnership doing business at Guntersville, in Marshall county, against the Northern Bank of Alabama, a corporation chartered under the laws of this State prior to 1860, and located at Huntsville, in Madison county; and was commenced on the 10th April, 1868. The original complaint contained two counts;…
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Appeal from tbe Circuit Court of Madison. Tried before tbe Hon. Louis Wyeth. This action was brought by the partners composing the late firm of A. G. Henry & Co., a mercantile partnership doing business at Guntersville, in Marshall county, against the Northern Bank of Alabama, a corporation chartered under the laws of this State prior to 1860, and located at Huntsville, in Madison county; and was commenced on the 10th April, 1868. The original complaint contained two counts; the first claiming $6,154.25, alleged to be due on account stated between plaintiff and defendant, on the 4th April,…
1Opinion of the CourtManning, J.
The deposition of J. I. Donegan was taken in 1872, several years before the trial of this cause, for the defendant, upon the statutory ground that the defense, or a material part thereof, defended exclusively on the evidence of this witness. — Code of 1876, § 3069, el. 5. At the time of the trial, in November; 1877, plaintiff made an affidavit, according to section 3079, that he believed the personal attendance of the witness on the .trial of the cause was necessary, and that he resided in Madison county; in which county the court was held. Whereupon, the judge made an order, and a notice…
2Cases cited17 opinions
- Horn v. LockhartSupreme Court of the United States · 1873
- Thorington v. SmithSupreme Court of the United States · 1869
- Waring v. LewisSupreme Court of Alabama · 1875
- Ferguson v. LowerySupreme Court of Alabama · 1875
- Plant v. BarclaySupreme Court of Alabama · 1876
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3Cited by5 opinions
- National Surety Co. v. StateSupreme Court of Alabama · 1929
- Huntsvile Belt Line & Monte Sano Railway Co. v. Corpening & Co.Supreme Court of Alabama · 1892
- Robins Mining Co. v. MurdockSupreme Court of Kansas · 1904
- City of Tuscaloosa v. Harcros Chemicals, Inc.District Court, N.D. Alabama · 1995
- Tallapoosa County Bank v. SalmonAlabama Court of Appeals · 1915