Planters & Merchants' Bank of Mobile v. Walker
Supreme Court of Alabama
Writ of error to the Court of Chancery sitting at Hayne-ville: On the 25th of November, 1842, the plaintiff in error filed its bill setting forth, that on the 24th of May, 1841, it recovered two several judgments against' George Walker, John H. Walker, and Robert Lowe, on two distinct demands; one for $6,406 28-100, besides costs; the other for $6,464 11-100, besides costs.
Read the full summary
Writ of error to the Court of Chancery sitting at Hayne-ville: On the 25th of November, 1842, the plaintiff in error filed its bill setting forth, that on the 24th of May, 1841, it recovered two several judgments against' George Walker, John H. Walker, and Robert Lowe, on two distinct demands; one for $6,406 28-100, besides costs; the other for $6,464 11-100, besides costs. Each judgment was rendered on several promissory notes made by J. B. Wilkins, as principal, and the persons above named, together with Boling Smith, as sureties, on the 1st January, 1838. '■ Original and alias fi. fias,…
1Opinion of the CourtCollier, C. J.
— It is laid down generally, where a plaintiff sues both at law and in equity for the same thing, the latter tribunal will compel him to elect in which Court he will proceed. But before an election will be ordered, it is said the defendant must have filed a sufficient answer, and the time for excepting elapsed. After the order is made, the plaintiff is not at liberty to proceéd, either at law or in equity until he has elected; yet, if the order has been unadvisedly made, the plaintiff may move to discharge it. Further, it is said a plaintiff is sometimes allowed to elect specifically, that…
2Cases cited5 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Garland v. RivesCourt of Appeals of Virginia · 1826
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Rogers v. VosburghNew York Court of Chancery · 1819
3Cited by23 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Watts v. GayleSupreme Court of Alabama · 1852
18 more not listed; retrieve them via the Exa API.