Booth v. Comegys

Supreme Court of Alabama

Decided June 15, 1824

Supreme Court of Alabama · decided 1824-06-15

IN Limestone Circuit Court defendants declared against plaintiffs in Error on their bond for $3070 89.

Decided 1824-06-15

Judge Saffold

¶1delivered the opinion of the Court.

¶2Bank notes are portable, and could as conveniently as-other money have been brought into Court. The plea without the averment of profert in curia was bad on demurrer.

¶3On the bond as described, a good cause of action is shewn, and prima facie, there was a right to recover. The condition shews a matter in defeasance, of which the defendants in the Court below (if they expected to sustain it by proof) should have availed themselves by plea.(a)

¶4Let the judgment be affirmed.

Judge Ellis having presided on the trial below, and Judge Minor .having been of Counsel, did not sit.

¶5Mullins vs. Cabiness, ante, p. 28.