Planters & Merchants Bank v. State
Supreme Court of Alabama
Error to the Circuit Court of Mobile. This was an information in the nature of a quo warranto, instituted by the direction of the Governor, in virtue of an act of the Legislature passed 13th February, 1843, to' inquire whether the charter of the bank was not forfeited, in consequence of the refusal of the bank to redeem its bills, and obligations, according to' the promise therein expressed, on demand.
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Error to the Circuit Court of Mobile. This was an information in the nature of a quo warranto, instituted by the direction of the Governor, in virtue of an act of the Legislature passed 13th February, 1843, to' inquire whether the charter of the bank was not forfeited, in consequence of the refusal of the bank to redeem its bills, and obligations, according to' the promise therein expressed, on demand. The information Was filed by Percy Walker, Esq., solicitor of the 6th judicial circuit, on the 21st February, 1843, and thereupon the court made an order, that the bank appear, and answer the…
1Opinion of the CourtOrmond, J.
It is quite too clear for argument, that there was no authority in the court to render a judgment by default against the defendant, but at the time it was cited to appear. Two objections are made — First that the time at which the special term was to be held for the trial of the cause, and to which the bank was cited to appear, was wholly uncertain.
The order was made on the 21st February, 1843, which was Tuesday, directing the special term to be held on Monday, the 28th February, instant, and this was the language of the summons issued, and served on the bank. When the term of a court is…
2Cited by1 opinion
- Jemison v. Planters' & Merchants' BankSupreme Court of Alabama · 1853