Bates v. Planters' & Merchants' Bank of Mobile
Supreme Court of Alabama
Error to Mobile Circuit court. Proceedings on a notice from the the Bank, tried before Pickens, J. Verdict and judgment for plaintiffs below. The errors assigned were— 1. That the certificate of the President of the Bank was not shewn on the record ; 2. That the judgment was not warranted by the evidence ; 3. That the court had no jurisdiction ; and 4. That it was not a proper case for summary motion.
1Opinion of the Court
COLLIER, C. X — The
defendants in error insist, that the plaintiff “ought not to have the benefit of any supposed errors assigned by him in this court, but should bé barred and precluded therefrom, and that the court now here should not hear or examine the said supposed *377errors, because, they say that after-the suing out of the said writ of error in this behalf, and before the return thereof to this court, to wit, on the-day of ——— eighteen hundred and thirty-eight, the said plaintiff in error did by a bill in chancery, wherein he was a plain*> tiff, and the said Bank was a defendant, apply to…
2Cases cited3 opinions
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- Bates v. Planters' & Merchants' BankSupreme Court of Alabama · 1838
- Lea v. Branch Bank at MobileSupreme Court of Alabama · 1838
3Cited by1 opinion
- Wilson v. Judge of the Co. CourtSupreme Court of Alabama · 1851