Scott & Sons v. Rawls & Rawls
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action on a promissory note by T. J. Scott & Sons against Rawls & Rawlsr From a judgment for defendant, plaintiffs appeal.
Read the full summary
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action on a promissory note by T. J. Scott & Sons against Rawls & Rawlsr From a judgment for defendant, plaintiffs appeal. The pleas to which demurrers were interposed and overruled by the court are as follows: Plea 3: “Defendants, as a further defense, aver that said note sued on was a part of the total sum of $2,250, agreed upon by plaintiffs and defendants, and settled upon as the amount to be due and paid to plaintiff by defendants, and that this amount was paid, and was a settlement in full of the said note, and all claims…
1Opinion of the CourtDowdell, J.
The complaint is on a promissory note. The defendant filed eight pleas. Demurrers were interposed to pleas numbered 3 ,5, la, and 3a, which were overruled by the court. These rulings are here separately assigned as error.
Plea la is neither in form nor substance the general issue. It merely states as a conclusion of the pleader that the defendant does not owe the demand sued on, without the statement of any facts. Under this plea, if the plaintiff should be forced to join issue on it, the defendant might offer evidence of matter in support of the same, as that of failure of consideration, or…
2Cases cited3 opinions
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Singleton, Hunt & Co. v. ThomasSupreme Court of Alabama · 1882
- Hodges v. Tennessee Implement Co.Supreme Court of Alabama · 1898
3Cited by6 opinions
- McDonough v. SaundersSupreme Court of Alabama · 1917
- Gamble v. AndrewsSupreme Court of Alabama · 1914
- Mobile Turnkey Housing, Inc. v. Ceafco, Inc. Ex Rel. MillerSupreme Court of Alabama · 1975
- Louisiana Lumber Co. v. J. W. Farrior Lumber Co.Alabama Court of Appeals · 1913
- Manufacturers' Finance Acceptance Corp. v. AutreySupreme Court of Alabama · 1934
1 more not listed; retrieve them via the Exa API.