Abercrombie v. Mosely
Supreme Court of Alabama
Error to Talladega Circuit court. Assumpsit — tried before A. Martin, J. This action is founded on a promissory note, signed by 2. B. Sims, James Abercrombie and Syivanus Walker.The declaration is against Abercrombie alone, who pleaded two special pleas, the first of which alleges a payment by Sims, of the note sued on, before the commencerq,ent of the suit; the second alleges, that Sims delivered to the plaintiff, a certain draft, or order, drawn on one Maddox, for the…
Read the full summary
Error to Talladega Circuit court. Assumpsit — tried before A. Martin, J. This action is founded on a promissory note, signed by 2. B. Sims, James Abercrombie and Syivanus Walker.The declaration is against Abercrombie alone, who pleaded two special pleas, the first of which alleges a payment by Sims, of the note sued on, before the commencerq,ent of the suit; the second alleges, that Sims delivered to the plaintiff, a certain draft, or order, drawn on one Maddox, for the payment of-dollars, which was accepted by the plaintiff, in full satisfaction and discharge of the note sued on. The…
1Opinion of the CourtGoldthwaite, J.
The first assignment of errors presents a question which deserves some consideration, and is not without its importance on the course of practice. It is obvious to all who have had any connection with business on the circuits, that pleas are frequently put in at the moment of trial, and when it is greatly inconvenient to members of the bar to reply specially. Hence has arisen, in a great measure, the custom which has obtained so extensively, of pleading the usual pleas by merely naming them. It is to be regretted, that this laxity of pleading was ever countenanced by the court, but it has…
2Cases cited2 opinions
- New-York State Bank v. FletcherNew York Supreme Court · 1830
- Wheelock v. FitchSupreme Court of Alabama · 1836
3Cited by13 opinions
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Scott v. MyattSupreme Court of Alabama · 1854
- Murray v. GouverneurNew York Supreme Court · 1800
- Home Protection v. Caldwell Bros.Supreme Court of Alabama · 1888
8 more not listed; retrieve them via the Exa API.