Trustees of University of Alabama v. Winston
Supreme Court of Alabama
Error to the Circuit Court of Franklin. The Trustees of the University of Alabama, by attorney, declared against John J. Winston, in debt, upon several bonds, for the payment of money.
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Error to the Circuit Court of Franklin. The Trustees of the University of Alabama, by attorney, declared against John J. Winston, in debt, upon several bonds, for the payment of money. The writ in the action, was issued on the third day of January, 1831; and the bonds were due and payable — the first, on the third day of October, 1829; the second, on the third day of October, 1830; the third, on the sixth day of June, 1829; the fourth, on the sixth day of June, 1830; and the fifth, on the fourth day of March, 1830. Each of these bonds contained a condition, wherein it was recited, tnat they…
1Opinion of the CourtTaylor, J.
The only assignment of error in this case, is, that the Circuit Court sustained the defen-*20dajit’s demurrer to the plaintiff’s declaration. This assignment is sufficient, however, to bring all the points, which can be made in the cause, in review before us.
• Some questions have been made with regard to the form of the proceedings, in the Couit below, which must be disposed of, before we undertake an investigation of the merits.
First — It is insisted, that the demurrer can only reach the bonds declared on, and that the conditions to those bonds can not be considered, as oyer of the bonds alone,…
2Cases cited1 opinion
- Smith v. ChaseU.S. Circuit Court for the District of District of Columbia · 1828
3Cited by2 opinions
- In re Estate of RoyerCalifornia Supreme Court · 1899
- Trustees of Carrick Academy v. ClarkTennessee Supreme Court · 1903