Milligan v. Pollard
Supreme Court of Alabama
Appear from Circuit Court of Cleburne. Tried before the Hon. George E. Brewer. This was an action brought by the appellants against the appellee, as administrator of the estate of J. J. Teague, deceased, and counted upon a promissory note, executed by J. J. Teague to the plaintiffs. The complaint as originally filed contained two counts.
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Appear from Circuit Court of Cleburne. Tried before the Hon. George E. Brewer. This was an action brought by the appellants against the appellee, as administrator of the estate of J. J. Teague, deceased, and counted upon a promissory note, executed by J. J. Teague to the plaintiffs. The complaint as originally filed contained two counts. The first, which set out in detail the execution of the note sued on and the personnel of the plaintiff firm, was dismissed on motion of the defendant. The second count was substantially the same and counted upon the same cause of action. The defendant…
1Opinion of the CourtMcCLELLAN, J.
Plaintiffs were not prejudiced by the striking out of the first count of their complaint. Their case, was fully pesented by the second count, and under that they had every right and were subjected only to the same burdens they would have had and been subjected to under both counts.
The 3d plea of the defendant, “That his intestate was insane at the time he gave the note sued on, ’ ’ was essentially a plea of non est factum, and as such was bad for the want of verification.— Winston v. Moffet, 9 Port. 518. But this objection was not made to it. The objections which were made by demurrer were…
2Cases cited5 opinions
- Giles v. WilliamsSupreme Court of Alabama · 1842
- Davis v. TarverSupreme Court of Alabama · 1880
- Donegan & Tabor v. WoodSupreme Court of Alabama · 1873
- Kolsky v. EnslenSupreme Court of Alabama · 1893
- Winston v. MoffetSupreme Court of Alabama · 1839
3Cited by19 opinions
- Western Ry. v. RussellSupreme Court of Alabama · 1905
- Armstrong v. WalkerSupreme Court of Alabama · 1917
- Ryall v. AllenSupreme Court of Alabama · 1904
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Bright v. WynnSupreme Court of Alabama · 1923
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