Reports of Cases Argued and Determined in the Supreme Court of Alabama Volume 3-4
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...the court jurisdiction--was not good.--ib. 244. 14. 1n an action by the indorsee of a promissory note, against the indorser, final judgment, on demurrer, cannot be rendered by the court, for the plaintiff, without the intervention of a jury, on a common money count.--Kennon v. McRae, 249. 15. A count in a declaration, by the indorsee of a promissory note, against the indorser, omitting an averment of demand of payment of the maker, and notice, is bad.--ib. 249. 10. The defects of an insufficient scire facias, in a proceeding against bail, cannot be reached in error, where the record shows a judgment upon plea withdrawn.--Clements v. Johnson, 269. 17. in such case, the court will presume the existence of a plea, competent to reach the defects of the scire facias, although the form of the plea be not shewn in the record.--Ib. 269. 18. A plea to an action of debt, on the judgment of a justice of the peace, in another State, "that the plaintiff and defendant were citizens of this State when the judgment was rendered, by the justice;" (the cause of action being ex contractu, ) is bad.--McCee & Richardson v. Sheffield, 351. 19. Where an inferior court gives a proper judgment on demurrer, though the judge unnecessarily expresses an improper reason, for i the judgment; such judgment will be sustained.--Mason v. Craig et al., 389. 20. A replication, neither denying, avoiding or admitting the averments of the plea to which it refers, is bad.--lb. 3S9. 21. in a proceeding by scire facias, on a replevy bond in attachment, a discontinuance may be entered against the obligors, not served with process; and judgment had against the rest.--Sartin & Rogers v. Weir & Co., 421. 22. A plea to a suit on a replevy bond, given in attachment, that...
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