Walker v. Bentley

Supreme Court of Alabama

Walker v. Bentley

64 Ala. 92

DecidedDecember 15, 1879

StatusPublished

This text of 64 Ala. 92 (Walker v. Bentley) 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

Walker v. Bentley, 64 Ala. 92 (Ala. 1879).

Pincite

Opinion

BBICKELL, C. J.

When a promissory note, or other written instrument, is offered in evidence under the plea of [94]*94set-off, or other plea in bar, tbe execution or assignment thereof can be put in issue only by a replication verified by affidavit. — Code of 1876, § 8037. If such replication is not filed, the execution or assignment thereof is an admitted fact, for all tbe purposes of tbe trial. That- a promissory note purporting to be signed by tbe maker with a mark only, and which is not attested, is tbe matter of the plea, is not an exception to the statute.— Wimberly v. Dallas, 52 Ala. 196.

Eeversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

BBICKELL, C. J.

When a promissory note, or other written instrument, is offered in evidence under the plea of [94]*94set-off, or other plea in bar, tbe execution or assignment thereof can be put in issue only by a replication verified by affidavit. — Code of 1876, § 8037. If such replication is not filed, the execution or assignment thereof is an admitted fact, for all tbe purposes of tbe trial. That- a promissory note purporting to be signed by tbe maker with a mark only, and which is not attested, is tbe matter of the plea, is not an exception to the statute.— Wimberly v. Dallas, 52 Ala. 196.

Eeversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

64 Ala. 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-bentley-ala-1879.

Opinion

Related

Cite This Page — Counsel Stack