Locke v. Locke
Supreme Court of Alabama
Appeal from City Court of Eufaula. Tried before tbe Hon. E. M. Keils. This action was brought by the plaintiff, Jesse Locke, as administrator of the estate of M. B. Locke, deceased, on two promissory notes for thirty-five hundred dollars each, dated respectively May 24, 1871, the first payable to plaintiff as .administrator, on the first day of December next after the date thereof, and the other payable by the first day of January next thereafter.
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Appeal from City Court of Eufaula. Tried before tbe Hon. E. M. Keils. This action was brought by the plaintiff, Jesse Locke, as administrator of the estate of M. B. Locke, deceased, on two promissory notes for thirty-five hundred dollars each, dated respectively May 24, 1871, the first payable to plaintiff as .administrator, on the first day of December next after the date thereof, and the other payable by the first day of January next thereafter. The defendants pleaded the general issue, and a set-off by a debt due from the plaintiff to one of the defendants, which was $1,400 in excess of…
1Opinion of the CourtStone, J.
The present suit was tried on the pleas of non assumpsit and set-off. The complaint sets forth, as cause of action, two notes payable to plaintiff as administrator of another. The suit is by plaintiff in his representative capacity. The plea of set-off is pleaded by its name alone, and does not show in what form or right the cross-demand; *475exists. Nor does it show in whose favor it is asserted; whether by all, or only one, or a part of the defendants. There was no demurrer to the plea, and no exceptions reserved on the trial.
1. If, as the verdict tends to show, the set-off was due to only one…
2Cases cited8 opinions
- Harbin v. LeviSupreme Court of Alabama · 1844
- Crabtree v. CliattSupreme Court of Alabama · 1853
- Jackson v. ShipmanSupreme Court of Alabama · 1856
- Carson v. BarnesSupreme Court of Alabama · 1840
- Jones & Co. v. JonesSupreme Court of Alabama · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wilson v. Exchange BankSupreme Court of Georgia · 1905
- Central of Georgia Railway Co. v. GrossSupreme Court of Alabama · 1914
- Gilliland v. Order of Ry. Conductors of AmericaSupreme Court of Alabama · 1927
- Mitchell v. Federal Intermediate Credit BankSupreme Court of South Carolina · 1932
- Ruby v. BakerSupreme Court of Kansas · 1920
2 more not listed; retrieve them via the Exa API.