Kennedy v. Geddes
Supreme Court of Alabama
Error to the County court of Mobile. Assumpsit on a bill of exchange. The cause of action, in this case, was a bill of exchange, orally accepted by defendant. Also, for damages sustained by plain tiffs, by reason of a breach of contract by defendant, in. refusing to accept a draft, after having promised and undertaken to accept (be same.
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Error to the County court of Mobile. Assumpsit on a bill of exchange. The cause of action, in this case, was a bill of exchange, orally accepted by defendant. Also, for damages sustained by plain tiffs, by reason of a breach of contract by defendant, in. refusing to accept a draft, after having promised and undertaken to accept (be same. The record showed, that at February term, eighteen hundred and thirty-six, a non-suit was taken, after a jury sworn, and a new trial granted. At the February term, eighteen hundred and thirty-seven, after a jury came, &c. a non-suit was again taken, which was…
1Opinion of the CourtOrmond, J.
— The view wo take of this case, renders it asnecessary to consider hut two of the points raised in the cause.
There was no error in the refusal of the court to enter judgment for the defendant in the court below, on the ground, that the plaintiff below had suffered two non-suits. The non-suit spoken of in the statute, is one which continues 'to the end of the term, as is manifest not only from the statute, but from the reason of the thing.
“No more than two new trials shall he granted in the same cause; and two non-suits shall he considered equal to a verdict against the party suffering the…
2Cases cited2 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Mayhew v. PrinceMassachusetts Supreme Judicial Court · 1814
3Cited by3 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- American Nat. Bank & Trust Co. v. Banco Nacional De Nicaragua, Inc.Supreme Court of Alabama · 1936
- Mercantile Bank v. CoxSupreme Judicial Court of Maine · 1854