¶1The striking out of the defendant’s pleas can only be revised upon exception taken in the court below. — Mahoney v. Cleary, 34 Ala. 97.
¶2Affirmed.
42 Ala. 487
Blackford v. Killan
Decided January 15, 1868
Supreme Court of Alabama · decided 1868-01-15
Tried before Hon. James Cobbs. Action by Killan, administrator of Brown, on note given by defendants, the appellants in this court. Defendants filed a plea of “failure of consideration and breach of warranty.” This, on motion of plaintiff, was stricken out, but to this there was no exception taken, in the court below, by the defendants.
Relies on Mahoney v. O'Leary
Decided 1868-01-15