Lacy v. Rockett
Supreme Court of Alabama
Writ of Error to the County Court of Jefferson. The plaintiffs in error declared against the defendant on a bill of exchange for $400, of which he was both the drawer and indorser. The bill was addressed to, and accepted by T. W. Rockett, dated at Elyton, 25th January, 1842, and payable at ninety days after date.
Read the full summary
Writ of Error to the County Court of Jefferson. The plaintiffs in error declared against the defendant on a bill of exchange for $400, of which he was both the drawer and indorser. The bill was addressed to, and accepted by T. W. Rockett, dated at Elyton, 25th January, 1842, and payable at ninety days after date. The defendant pleaded — 1. Non-assumpsit. 2. The “bankruptcy of the plaintiffs.” 3. Puis darrein continuance, that each of the persons composing the firm of Lacy, Terrell & Co., since the suing of the writ, on the — day of -, one thousand eight hundred and forty-, in the district…
1Opinion of the CourtCollier, C. J.
The third and fourth pleas were filed in 1843, and are not controlled in their effect upon the previous pleadings by the act of February, 1846, which provides “that hereafter, where a plea puis darrein continuance shall be pleaded, it shall not be held to be a waiver of other pleas to the merits before pleaded,” &c. Previous to this enactment, the filing of a plea puis darrein continuance tacitly superseded all others previously filed, without the action of the court, unless they themselves were defective. But the ques*1005tion of the waiver of the first and second pleas, we incline to think…
2Cited by7 opinions
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Carmelich v. MimsSupreme Court of Alabama · 1889
- Bankers' Mortg. Bond Co. v. RosenthalSupreme Court of Alabama · 1932
- Gibson v. GreenMississippi Supreme Court · 1871
- McNutt v. KingSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.