Colgin v. State Bank
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. This suit was commenced by motion. On the 14th July 1841, a notice was issued by the President of the Bank, as follows : To Edward B. Colgin, William R. Colgin, and John Col-gin — You are hereby notified, that the President and Directors of the Bank of the State of Alabama, will, by their attorney, move the circuit court to be held for the county of Tuscaloosa, at the court house of said county, on the third Monday of September next,…
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Error to the Circuit Court of Tuscaloosa. This suit was commenced by motion. On the 14th July 1841, a notice was issued by the President of the Bank, as follows : To Edward B. Colgin, William R. Colgin, and John Col-gin — You are hereby notified, that the President and Directors of the Bank of the State of Alabama, will, by their attorney, move the circuit court to be held for the county of Tuscaloosa, at the court house of said county, on the third Monday of September next, for judgment against you on a note due from- you to the State Bank, discounted on the 27th March, 1839, for eighteen…
1Opinion of the CourtOrmond, J.
The first point made, that- the motion was discontinued because not made at the first term, and continued, is not sustained by the record. It does appear from the bill of exceptions, that the motion was placed on the docket at the September term, 1841, that being the term at which the motion indicated by the notice was to be made, and regularly continued from that term, down to the trial of the cause. Whether, if such had not been the fact, it would not have been waived by the subsequent appearance of the defendant, and the continuance of the motion at his instance, is a point we need not now…
2Cases cited5 opinions
- Downing v. RugarNew York Supreme Court · 1839
- Lyon v. State BankSupreme Court of Alabama · 1828
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Turner v. LazarusSupreme Court of Alabama · 1844
- Findley v. State BankSupreme Court of Alabama · 1844
3Cited by3 opinions
- Day v. ThompsonSupreme Court of Alabama · 1880
- Williams v. Mitchell's Adm'rSupreme Court of Alabama · 1857
- Timberlake v. BrewerSupreme Court of Alabama · 1877