Gayle v. Randle
Supreme Court of Alabama
This was an action of debt, by Randle against Gayle, in Dallas County Court, upon a note under seal, signed by Stephen Miller, Matt. Gayle, and James Goodwin. The pleas were entered as follow— “ The defendant pleads — first, payment. Secondly, that he was only security, and requested suit brought against Miller, principal, whe has since become insolvent, and absconded. Taken in short.”
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This was an action of debt, by Randle against Gayle, in Dallas County Court, upon a note under seal, signed by Stephen Miller, Matt. Gayle, and James Goodwin. The pleas were entered as follow— “ The defendant pleads — first, payment. Secondly, that he was only security, and requested suit brought against Miller, principal, whe has since become insolvent, and absconded. Taken in short.” To the second plea there was a demurrer, which was sustained, and judgment given for the plaintiff; from which he took a writ of error.
1Per curiam
— The judgments in this cases must be affirmed. The demurrer to the second plea was properly sustained.
When special pleas are agreed to be taken in *233short, by consent of counsel, it can only be understood by the Court, that matters of formare waived, —they must contain substance, or that which, if admitted, will make out a case for the party pleading.
By reference to. the case in 1 Stewart, 11, relied on by the plaintiff in error, it will be seen, that the plea does not state facts sufficient, under that decision, to make out a defence. It does not state, that the means of recovering the debt,…
2Cases cited1 opinion
- Bruce v. EdwardsSupreme Court of Alabama · 1827
3Cited by4 opinions
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Foxworth v. WhiteSupreme Court of Alabama · 1882
- Pollard v. StantonSupreme Court of Alabama · 1843
- Thomas E. Ellis, Jonathan M. Hill, Daniel Roper, and T. B. Bethea, in Error v. Thomas Jones, Administrator of Montraville D. Taylor, DeceasedSupreme Court of the United States · 1843