Jemison v. Plant. & Mer. Bank
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was a proceeding by notice at the instance of the dedefendant against the plaintiff in error.
Read the full summary
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was a proceeding by notice at the instance of the dedefendant against the plaintiff in error. The notice is in the following words: “To Robert Jemison, Jr. — You will take notice that at the. next term of the Circuit Court for the county of Mobile, to be held in said county, on-the fourth Monday after the. fourth Monday of October next, and on the third Monday of the said term, the Planters and Merchants Bank of Mobile will move for judgment and award of execution against you, as the maker of two notes of the effect…
1Opinion of the CourtChilton, J.
This case has been twice argued before us. At first we were disposed to rest it upon what we conceived to be an erroneous decision of the primary court upon the sufficiency of the plaintiffs replication to the defendant’s third and fourth pleas; but we have since discovered that the Supreme Court of the United States has decided the Mississippi statute, relied upon in those pleas, to be unconstitutional. — Planters Bank v. Sharp et al. 6 How. U. S. Rep. 103. The court, however, appears to have been divided in opinion, and was not full, and as we are informed that the same question will…
2Cases cited5 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Bank of Niagara v. JohnsonNew York Supreme Court · 1832
- Crawford v. Planters' & Merchants' Bank of MobileSupreme Court of Alabama · 1844
- Griffin v. Bank of AlabamaSupreme Court of Alabama · 1844
- Gazzam v. Bank of MobileSupreme Court of Alabama · 1840
3Cited by4 opinions
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Jemison v. Planters' & Merchants' BankSupreme Court of Alabama · 1853
- Ex parte North-east & South-west Ala. RailroadSupreme Court of Alabama · 1861