Hill v. Roberts
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. S. H. Sprott. This action was brought by Thomas A. Roberts, against Albert C. Hill and James B. Head; was founded on- the defendants’ promissory note for $192.80, dated February 15, 1879, and payable on the 1st January, 1880, tothe plaintiff’s order; and was commenced on the 22d September, 1886. The defendant Hill filed a special plea, alleging that he was the principal in the note, and Head was only his surety;…
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Appeal from the Circuit Court of Greene. Tried before the Hon. S. H. Sprott. This action was brought by Thomas A. Roberts, against Albert C. Hill and James B. Head; was founded on- the defendants’ promissory note for $192.80, dated February 15, 1879, and payable on the 1st January, 1880, tothe plaintiff’s order; and was commenced on the 22d September, 1886. The defendant Hill filed a special plea, alleging that he was the principal in the note, and Head was only his surety; that the plaintiff, as probate .judge of the county, had collected certain fees due to him, Hill, as sheriff, specifying…
1Opinion of the CourtMcCLELLAN, J.
The set-off was well pleaded. The first and third replications are sufficient in form and substance. The second replication must be construed to aver, that the facts of the case authorize the court to find that the claim relied on as a set-off had been paid by the application to it of the debt which Dunlap and the appellant Hill had owed the appellee. So construed, each of the replications, and all of them combined, present one and the same issue — whether the cross-claim set up by the plea had been paid. Manifestly this was a,material issue, and upon it the case properly proceeded to trial.…
2Cases cited3 opinions
- Spencer v. AlmoneyCourt of Appeals of Maryland · 1881
- Hudnall ex rel. Redus v. ScottSupreme Court of Alabama · 1841
- Green v. StormNew York Court of Chancery · 1846