Hall v. First Bank
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Heard before Hon. W. W. HARALSON. Action, by the First Bank of Crossville against J. D. Hall and others on a note. Judgment for plaintiff by default, and upon motion of defendant, the court declined to set aside or annul the judgment, and defendants appeal. Transferred from Court of Appeals.
1Opinion of the CourtThomas, J.
The appeal is taken upon the record from .a judgment by default against appellants. The. defendants moved to'quash the execution issued thereon and to set aside, vacate, and annul the judgment, on the grounds that the complaint does not show a substantial cause of action, in that it claims against James A. Croley, as an indorser of the note, without alleging any demand on the maker of the note, or a waiver of demand on the part of Croley; and that the record shows that the judgment obtained was of more binding effect than was sought in the complaint.
A joint appeal was taken by J. D. Hall and…
2Cases cited28 opinions
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Wynn v. McCraneySupreme Court of Alabama · 1908
- Foster v. StateSupreme Court of Alabama · 1864
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
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3Cited by17 opinions
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- Chavers v. MayoSupreme Court of Alabama · 1918
- McCreless v. Tennessee Valley BankSupreme Court of Alabama · 1922
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