Logwood v. President of the Planter's & Merchant's Bank of Huntsville
Supreme Court of Alabama
THE Planter’s and Merchant’s bank of Huntsville recovered a judgment on motion in the Superior Court oí Madison County, against Logwood and others, on a note which had been discounted by the Bank'..
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THE Planter’s and Merchant’s bank of Huntsville recovered a judgment on motion in the Superior Court oí Madison County, against Logwood and others, on a note which had been discounted by the Bank'.. They did not appear or defend in the Court below,, but prosecuted, a writ of Error to this Court. - They assigned as Errors—1st. - The judgment-is contrary to the Law-and Constitution of the State, 2d. it does not appear that-the parties had-ten days’ notice; 3d. ■ It does not appear that the certificate of the President was produced in Court, as evidence of the bona fide interest of the Bank,…
1Opinion of the Court
J udge Lipscomb
delivered the opinion of the Court.
The-first is a general-assignment. We have heretofore decided, that the-matter relied on as Error-must be specially assigned (Ripley against Coolidge and Bright, ante p. 11.) But as the counsel for plaintiffs in Error have been permitted to argue a point intended to be covered by the first assignment, it may be proper to settle it now, and prevent a further application on the same ground. The words in the Charter of the Bank referred to are, “ If any person or per- “ sons shall be indebted to said Corporation as maker or “ indorser of any…
2Cited by2 opinions
- Smoot v. StraussSupreme Court of Florida · 1885
- County of San Mateo v. Southern Pacific R.United States Circuit Court · 1882