Bean v. Chapman
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before Hon. L -uis Wyeth. This was a suit brought by appellant, Benjamin E. Bean, as tbe administrator de bonis non of tbe estate of Lawson Garner, deceased, to enforce the payment of a certain bond executed by one B. L. Lakin, as principal, with tbe appellees, Beuben Chapman and Septimus B. Cabaniss as his sureties, on the 27th day of January, 1860, and payable to appellant’s intestate twelve months after date.
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Appeal from Madison Circuit Court. Tried before Hon. L -uis Wyeth. This was a suit brought by appellant, Benjamin E. Bean, as tbe administrator de bonis non of tbe estate of Lawson Garner, deceased, to enforce the payment of a certain bond executed by one B. L. Lakin, as principal, with tbe appellees, Beuben Chapman and Septimus B. Cabaniss as his sureties, on the 27th day of January, 1860, and payable to appellant’s intestate twelve months after date. Lakin is not sued in this action. The defendants filed eleven pleas : 1. That they do not owe the debt; 2. Failure of consideration; 3.…
1Opinion of the CourtStone, J.
As we read this record, the ruling of the Circuit Court on the demurrers, is shown in the judgment entry. *64Not in the final judgment, it is true ; but the ruling was entered on the minutes, in a separate, independent entry. It is found on the 19th page of the transcript, and is in all respects formal, except that it contains only the judgment on the demurrer. Courts frequently pronounce judgment on demurrers before the cause is taken up for final trial. , Sometimes this is done at a different term of the court. There is no irregularity in this. Our ruling is, that judgments on demurrer, to…
2Cases cited11 opinions
- Brown v. HiattsSupreme Court of the United States · 1873
- Griswold v. WaddingtonNew York Supreme Court · 1819
- Minter v. Br. BankSupreme Court of Alabama · 1853
- Cawthorne v. WeisingerSupreme Court of Alabama · 1844
- Lash v. LambertSupreme Court of Minnesota · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Milbra v. Sloss-S. S. & I. Co.Supreme Court of Alabama · 1913
- Morgan v. CaseySupreme Court of Alabama · 1882
- State v. ParkerSupreme Court of Alabama · 1882
- Gurley v. RobertsonSupreme Court of Alabama · 1912
- Bean v. ChapmanSupreme Court of Alabama · 1882
3 more not listed; retrieve them via the Exa API.