J. R. Watkins Co. v. W. P. Garner

Alabama Court of Appeals

J. R. Watkins Co. v. W. P. Garner

109 So. 925, 21 Ala. App. 679

CourtAlabama Court of Appeals

DecidedOctober 26, 1926

Docket7 Div. 287.

StatusPublished

This text of 109 So. 925 (J. R. Watkins Co. v. W. P. Garner) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

J. R. Watkins Co. v. W. P. Garner, 109 So. 925, 21 Ala. App. 679 (Ala. Ct. App. 1926).

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Opinion

BRICKEN, P. J.

Suit by appellant against appellees on a written guaranty. Only the defendant Garner defended against the suit. He filed a plea of general issue, and also a special plea to the effect that his contract of guaranty was executed and delivered on Sunday. His attorney stated in open court that he did not rely on the general issue, but solely on the special *680 plea. The burden, of course, was upon him to prove this plea, which burden he failed to meet under the law as specifically declared in J. R. Watkins Co. v. Hill, 108 So. 244. 1 The Watkins Case, supra, is direct and conclusive authority governing the instant case, and on this authority we must perforce reverse and remand this cause. Reversed and remanded.

1

214 Ala. 507.

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BRICKEN, P. J.

Suit by appellant against appellees on a written guaranty. Only the defendant Garner defended against the suit. He filed a plea of general issue, and also a special plea to the effect that his contract of guaranty was executed and delivered on Sunday. His attorney stated in open court that he did not rely on the general issue, but solely on the special *680 plea. The burden, of course, was upon him to prove this plea, which burden he failed to meet under the law as specifically declared in J. R. Watkins Co. v. Hill, 108 So. 244. 1 The Watkins Case, supra, is direct and conclusive authority governing the instant case, and on this authority we must perforce reverse and remand this cause. Reversed and remanded.

1

214 Ala. 507.

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Bluebook (online)

109 So. 925, 21 Ala. App. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-r-watkins-co-v-w-p-garner-alactapp-1926.

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