Smith v. Branch Bank at Mobile
Supreme Court of Alabama
Error to the Circuit Court of Mobile. This was a summary proceeding, by motion of the defendant against the plaintiffs in error — the following is the judgment entry: Branch Bank, vs. Daniel Smith, y Calvin S. Powe, A. K. Smith. J 17th March, 1840, This day came the parties by their at-tornies. The motion for judgment was made in the cause on the second Monday of the term.
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Error to the Circuit Court of Mobile. This was a summary proceeding, by motion of the defendant against the plaintiffs in error — the following is the judgment entry: Branch Bank, vs. Daniel Smith, y Calvin S. Powe, A. K. Smith. J 17th March, 1840, This day came the parties by their at-tornies. The motion for judgment was made in the cause on the second Monday of the term. The plaintiff producing a note, dated the 25th of May 1838, payable nine months after date, to the said bank, by the name of Andrew Armstrong, cashier, or bearer, for the sum of one thousand dollars (of which one hundred…
1Opinion of the CourtOrmond, J.
It appears from the objections taken to judgments of this character, that our decisions on this class of cases, *28are but imperfectly understood, it may therefore, not be improper that we should again state the result of the cases to be found in our books.
When the judgment rendered on motion is by default, it must appear by the judgment of the Court, that the defendant had the notice which the law requires, and that the facts were proved which gives the Court jurisdiction of the case, and shows the liability of the defendant for the debt, or penalty, sought to be enforced. If the defendant…
2Cases cited2 opinions
- Lucas v. HitchcockSupreme Court of Alabama · 1841
- McWalker v. Branch of the Bank of the State at MobileSupreme Court of Alabama · 1841
3Cited by25 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Wilder v. BushSupreme Court of Alabama · 1917
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Burdine v. Grand Lodge of AlabamaSupreme Court of Alabama · 1861
- Blount v. GallaherSupreme Court of Florida · 1886
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