First National Bank v. Chaffin
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. This suit was brought by the appellant, the First National Bank of Talladega, against the appellees, John W. Chaffin and Mrs. M. E. Chaffin; and counted upon three notes under seal, two for one hundred dollars each, and one for fifty dollars. These notes were made by the defendants and were payable to Warren F. Smith, by whom the plaintiff alleges they had been transferred to it.
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Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. This suit was brought by the appellant, the First National Bank of Talladega, against the appellees, John W. Chaffin and Mrs. M. E. Chaffin; and counted upon three notes under seal, two for one hundred dollars each, and one for fifty dollars. These notes were made by the defendants and were payable to Warren F. Smith, by whom the plaintiff alleges they had been transferred to it. The pleas and replications are sufficiently stated in the opinion. To the second replication defendants demurred, assigning several…
1Dissent
COLEMAN, J.,
dissenting. — This case was tried by the court without the intervention of a jury, and judgment rendered for the defendants. It cannot be questioned that the court erred in the admission of illegal eA’idence offered by the defendants; and the first question for consideration is, whether such error as matter of right entitles the appellant to a reversal. The rule settled by a long line of decisions, to' which there have been hut few exceptions, is, that where the court decides upon the facts as Avell as pronounces the law, if the legal evidence justified the finding, the judgment…
2Cases cited14 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
- Scarbrough v. Borders & Co.Supreme Court of Alabama · 1896
- Bayonne Knife Co. v. UmbenHauerSupreme Court of Alabama · 1894
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