Courie & Co. v. Goodwin
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. This action was brought by John D. Goodwin against Allen Banks, and was commenced in a justice’s court, on the 26th September, 1888. The cause of action was the defendant’s promissory note for $17, which contained a waiver of “personal exemptions,” and a stipulation for the payment of $5.00 as an attorney’s fee for collection; and it was so described in the complaint filed in the justice’s…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. This action was brought by John D. Goodwin against Allen Banks, and was commenced in a justice’s court, on the 26th September, 1888. The cause of action was the defendant’s promissory note for $17, which contained a waiver of “personal exemptions,” and a stipulation for the payment of $5.00 as an attorney’s fee for collection; and it was so described in the complaint filed in the justice’s court. On the 22d October, 1888, the justice rendered judgment in these words: “Judgment for plaintiff, for $23.92.” On…
1Opinion of the CourtMcCLELLAN, J.
No waiver of exemptions is involved in this case. The original complaint in the justice’s court counts oñ a note alleged to contain a waiver of exemptions, and the note which is made a part of the bill of exceptions does contain such waiver. But no reference to that fact, nor ascertainment of it, appears in the judgment rendered by the justice against the debtor, Banks, nor in the subsequent judgment rendered on garnishment in the justice’s court against the garnishees, Courie & Co. From this last judgment alone the appeal was taken to the Circuit Court, and a judgment there rendered against…
2Cited by8 opinions
- Spraggins v. StateSupreme Court of Alabama · 1903
- Danforth v. Tenn. & Coosa RailroadSupreme Court of Alabama · 1890
- Hurt v. KnoxSupreme Court of Alabama · 1930
- Brinson v. EdwardsSupreme Court of Alabama · 1891
- Mauney v. Electric Const. Co.Supreme Court of Alabama · 1924
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