Jemison v. Planters' & Merchants' Bank
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons, This action was commenced at the Fall term, 1846, of the Circuit Court of Mobile, by a notice of motion in the name of the Planters’ and Merchants’ Bank against the plaintiF in error, for a summary judgment on two notes executed by said Jemison, each for the sum of $4,189 75, with interest from the first day of January, 1842, dated Columbus, Mississippi, April 5, 1842, and payable to the order of Eli…
Read the full summary
Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons, This action was commenced at the Fall term, 1846, of the Circuit Court of Mobile, by a notice of motion in the name of the Planters’ and Merchants’ Bank against the plaintiF in error, for a summary judgment on two notes executed by said Jemison, each for the sum of $4,189 75, with interest from the first day of January, 1842, dated Columbus, Mississippi, April 5, 1842, and payable to the order of Eli Abbott, one on the first day of January, 1844, and the other on the first day of January, 1845. To the notice was…
1Opinion of the CourtPhelan, J.
When this case was last here, it was decided, that the notice in the case was demurrable, because it did not show that the suit was instituted in the name of the Bank by the direction and authority of the trustees, and the judgment was reversed for that cause. — 17 Ala. 754.
The court below, previous to the last trial, on motion of defendant in error, permitted an amendment to be made, by which, instead of reading “ the P. & M. Bank will move,” &c., the notice was so changed as to read thus; “ The P. & M. Bank, *185by its trustees named in the certificate annexed hereto, appointed under the act…
2Cases cited5 opinions
- Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
- Jemison v. Plant. & Mer. BankSupreme Court of Alabama · 1850
- Teer v. SandfordSupreme Court of Alabama · 1840
- M'Kenzie v. ConnorSupreme Court of Alabama · 1827
- Planters & Merchants Bank v. StateSupreme Court of Alabama · 1847
3Cited by5 opinions
- Ex parte BuckleySupreme Court of Alabama · 1875
- Palmer v. FittsSupreme Court of Alabama · 1874
- Taylor v. PerrySupreme Court of Alabama · 1872
- Dockery v. McDowellSupreme Court of Alabama · 1867
- Kunst v. FindleyWest Virginia Supreme Court · 1913