Penton v. Williams
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by J. A. Penton against Joe Williams. Judgment for defendant, and plaintiff appeals.
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Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by J. A. Penton against Joe Williams. Judgment for defendant, and plaintiff appeals. For a former report of this case, see 150 Ala. 143, 43 South. 211. The assignments of error referred to are as follows: “(3) The court erred in sustaining defendant’s objection to the following questions propounded by plaintiff’s counsel on redirect examination of the plaintiff: ‘State what was said by Joe Williams there at the time the note was executed.’ (4) The court erred in sustaining the defendant’s objection to the following…
1Opinion of the CourtSimpson, J.
This' action by the appellant against the appellee is on a writing in the form of a promissory note, in which is also included a mortgage; several of the common counts being added for medical services claimed to have been rendered by the plaintiff to a brother of the defendant. This instrument sued on purports to be signed by A. J. Williams and the de-
his
fendant, but the defendant’s name has X between the
mark
“Joe” and “Williams,” and there is no attesting witness.
When this case was before this court at a previous term, it Avas held that the count did not show that there was no Avitness to the…
2Cases cited5 opinions
- Carlisle, Jones & Co. v. CampbellSupreme Court of Alabama · 1884
- Johnson & Co. v. DavisSupreme Court of Alabama · 1891
- Levy v. Bloch & Co.Supreme Court of Alabama · 1889
- Wright v. ForgySupreme Court of Alabama · 1899
- Penton v. WilliamsSupreme Court of Alabama · 1907
3Cited by3 opinions
- Barksdale v. BullingtonSupreme Court of Alabama · 1915
- Mayhall v. HydeAlabama Court of Appeals · 1926
- Mayhall v. HydeAlabama Court of Appeals · 1927