Catlin, Peeples & Co. v. Gilders
Supreme Court of Alabama
THE testator of the defendants in error, brought an action of assumpsit, in the Circuit Court of Tallapoosa, against the plaintiffs, on a. promissory note, of which the following is a copy. ‘‘Six months after date,, we, or either of us, promise to pay Sinnort Gilder or bearer, the sum of one thousand do.llars, for value received, this 14th day of March, 1837. Catlin, Peeples & Co.” The writ was executed on Peeples only,, but the -plaintiff de-dared against him, together with…
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THE testator of the defendants in error, brought an action of assumpsit, in the Circuit Court of Tallapoosa, against the plaintiffs, on a. promissory note, of which the following is a copy. ‘‘Six months after date,, we, or either of us, promise to pay Sinnort Gilder or bearer, the sum of one thousand do.llars, for value received, this 14th day of March, 1837. Catlin, Peeples & Co.” The writ was executed on Peeples only,, but the -plaintiff de-dared against him, together with Henry Catlin and John D. Saunders, as surviving partners of Joseph C. Heard. Peeples alone pleaded, 1. That the note…
1Opinion of the Court
COLLIER, C. J
In Gilbert, et al. v. Lane, 3 Porter’s Rep. 267, tbe writ issued against several defendant's, but was executed upon one only. In tbe margin of the judgment entry; the names of all the defendants were stated at length, and the judgment recited that the defendants came by their attorney, and say nothing in bar of the plaintiff’s action, &c. The Court held that, “'the names of all the defendants' on the margin of the entry, and the statement in the entry, that the defendants appeár-ed by their attorney, show clearly that the three defendants all appeared in the suit.” That case'is…
2Cases cited1 opinion
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
3Cited by14 opinions
- Barclift v. TreeceSupreme Court of Alabama · 1884
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- McCrary v. SlaughterSupreme Court of Alabama · 1877
- Holly v. Bass' Adm'rSupreme Court of Alabama · 1879
- Bolling v. SpellerSupreme Court of Alabama · 1892
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