Sorelle v. Elmes

Supreme Court of Alabama

Sorelle v. Elmes

6 Ala. 706

Supreme Court of Alabama·Decided June 15, 1844·Published·Cited by 5 cases

Opinion

GOLDTHWAITE, J.

These pleas amount to nothing more than a denial of an execution of the note sued on, in such a manner as to be binding on the defendant. It is an attempt to cast on the plaintiff the oy.us of proving the execution of the note without making the affidavit required to be made by the statute. [Clay’s Digest, 340, § 15?.] As the pleas were not supported by affidavit, they were properly stricken out on motion.

Judgment affirmed.

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GOLDTHWAITE, J.

These pleas amount to nothing more than a denial of an execution of the note sued on, in such a manner as to be binding on the defendant. It is an attempt to cast on the plaintiff the oy.us of proving the execution of the note without making the affidavit required to be made by the statute. [Clay’s Digest, 340, § 15?.] As the pleas were not supported by affidavit, they were properly stricken out on motion.

Judgment affirmed.

Sorelle v. Elmes, 6 Ala. 706 (Ala. 1844).

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Opinion

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