Agnew v. Walden & Son
Supreme Court of Alabama
Appeal from tlie Circuit Court of Cherokee. Tried before tlie Hou. John B. Tally. This action was brought by "Walden & Son, suing as partners, against L. D. Agnew,-as administrator of the estate of J. B>. Dorsey, deceased, and was commenced on the 18th June, 1886. The action was founded on a bond, or promissory note under seal, which, as set out in the complaint, was signed by said Dorsey, and in these words: “$500. One day after date, I promise to pay Walden & Son, or…
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Appeal from tlie Circuit Court of Cherokee. Tried before tlie Hou. John B. Tally. This action was brought by "Walden & Son, suing as partners, against L. D. Agnew,-as administrator of the estate of J. B>. Dorsey, deceased, and was commenced on the 18th June, 1886. The action was founded on a bond, or promissory note under seal, which, as set out in the complaint, was signed by said Dorsey, and in these words: “$500. One day after date, I promise to pay Walden & Son, or bearer, five hundred dollars; and to secure the same, I hereby waive all exemptions or relief laws under the statutes and…
1Opinion of the Court
STONE, 0. J.
This case was tried on pleas numbered 3, 9 and 10, and under them tbe entire defense was made which could have been presented. We will not consider tbe rulings on tbe demurrers to tbe other pleas; for, whether right or wrong, they worked no injury. — Mitcham v. Moore, 73 Ala. 542; Rice v. Drennan, 75 Ala. 335. It is not our intention, however, to intimate there was any error in tbe rulings.
On tbe former appeal — 84 Ala. 502' — we held tbe evidence was sufficient in this case to show that a proper statement of tbe claim bad been filed in time in tbe office of tbe judge, of probate,…
2Cases cited8 opinions
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Smith v. FellowsSupreme Court of Alabama · 1877
- Agnew v. Walden & SonSupreme Court of Alabama · 1887
- Courie & Co. v. GoodwinSupreme Court of Alabama · 1889
- Neely v. HenrySupreme Court of Alabama · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kornegay v. MayerSupreme Court of Alabama · 1902