Sorelle v. Elmes

Supreme Court of Alabama

Sorelle v. Elmes

6 Ala. 706

CourtSupreme Court of Alabama

DecidedJune 15, 1844

StatusPublished

Cited by5 cases

This text of 6 Ala. 706 (Sorelle v. Elmes) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

6 Ala. 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sorelle-v-elmes-ala-1844.

Opinion

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