Powell v. Asten

Decided January 15, 1860

Supreme Court of Alabama · decided 1860-01-15

Tried before the Hon. Wm. S. Mudd. This action was brought by Robert Y. Asten, against Elizabeth. R. Powell, and was founded on the defendant’s promissory note for $425, dated the 10th September, 1857, and payable on the 25th December next after date.

Relies on Rodgers' Adm'r v. Brazeale

Good law ✅— No negative treatment on recordhow we know

Decided 1860-01-15

How this case has been cited

Cited by 4 later decisions — most recently November 1901

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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R. W. WALKER, J.

¶1If it be conceded that the special plea, the demurrer to which was sustained, contained substantial matter of defense to the action, it is clear that the facts alleged might have been given in evidence under the other-pleas filed by the defendant. There was, therefore, no error of which the appellant can complain, in sustaining the demurrer. — Rodgers’ Adm’r v. Brazeale, 34 Ala. 512, and cases there cited.

¶22. It is not shown that the defendant excepted to the action of the court, in refusing leave to plead over. He cannot, therefore, assign it as ei'ror in this court.