Griffin v. Bank of Alabama
Supreme Court of Alabama
Whit of error to the County Court of Tuskaioosa. This was a proceeding by notice and motion, at the suit of the defendant in error against the plaintiff.
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Whit of error to the County Court of Tuskaioosa. This was a proceeding by notice and motion, at the suit of the defendant in error against the plaintiff. The notice set out, that the defendant below, as principal, and Thomas L. Holly and George W. Butts, as his sureties, were indebted to the president and directors of the Bank of the State of Alabama, by a note discounted by the Bank on the 2d February, 1840, made for the sum of five hundred and twenty-six dollars, bearing interest at the rate of eight per cent, per annum from its date, and dated the 1st February, 1843, payable to the…
1Opinion of the CourtCollier, C. J.
The notice issued at the suit of a bank against its debtor, is certainly process by which the latter is to be brought into court to answer to an allegation of indebtedness. But after the motion is made, which it informs the party will be submitted, it is something more than pz'ocess; it is then to be regarded as the motion in writing identifying the debt sought to be recovered, and against which the defendant may urge any ground of defence recognized as available, according to legal forms. The notice, then, may be assimilated to a declaration: it subserves the purpose both of a writ and…
2Cited by5 opinions
- Roquemore v. Sovereign Camp, W. O. W.Supreme Court of Alabama · 1933
- Jemison v. Plant. & Mer. BankSupreme Court of Alabama · 1850
- Ex parte North-east & South-west Ala. RailroadSupreme Court of Alabama · 1861
- Stanley v. Bank of MobileSupreme Court of Alabama · 1853
- State Bank v. DentSupreme Court of Alabama · 1847