Finney v. Denny

Decided November 15, 1898

Supreme Court of Alabama · decided 1898-11-15

Tried before the I-Ion. N. I). Denson. This was an action brought by the appellee, John D. Denny, against the appellant, Charles E. Finney; and counted upon an instrument under seal executed by the defendant to the plaintiff. The defendant filed the following pleas: “1. That he has fully paid off and discharged the instrument sued on before the commencement of this suit. “2.

Cited by 1 later decisions — most recently November 1907

1 state decisions

Relies on Rosser v. Bunn & Timberlake · Lang v. Waters' Administrator

Good law ✅— No negative treatment on recordhow we know

Decided 1898-11-15

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TYSON, J.

¶1— The pleas of set-off filed by defendant were sufficient under the authority of Lang v. Waters, *45347 Ala. 624; Sledge v. Swift, 53 Ala, 110; Rosser v. Bunn & Timberlake, 66 Ala. 89; Form 37 of plea of set-off, Code of 1886, p. 797; Code of 1896, p. 950.

¶2The recital in the judgment, “it was shown in this ease that the only claim of off-set, that defendant had against the plaintiff was that claimed in plea No. 5,” is not conclusive that no injury was suffered by defendant by sustaining the demurrers to his pleas number 2 and 3, if it can be considered by this court for a„ny purpose; non constat, defendant offered no evidence, and very properly, in support of the averments of these pleas.

¶3Judgment reversed and cause remanded.