132 Ala. 320 | Ala. | 1902
— Action by Andrews on a bond executed by him to Hall as principal and Hawsey and Bunting as sureties. The bond was conditioned for faithfulness on the part of Hall as the agent of Andrews, for the paying over of moneys received by Hall for Andrews, etc., etc. The complaint alleges that Hall failed to pay Andrews five hundred and fifty dollars received by him for Andrews or for which, he was liable on the bond to Andrews. All the obligors were sued. They jointly pleaded the general- issue. Dawsey and Bunting interposed a special plea claiming that they had been released as sureties by an extension of time of payment to their principal, Hall. And Dawsey separately (probably after the case had been discontinued as to Bunting, he having died,) pleaded, first, in effect that his signature to the bond had been procured by fraud, and, second, that the instrument had been materially altered after its execution by him. To the special plea of Dawsey and Bunting and to the special separate pleas of Dawsey, the plaintiff interposed demurrers. These the court severally overruled. And thereupon the plaintiff declined to plead further and judgment was entered for the defendants. From that judgment this appeal is prosecuted, and we are asked to review the rulings of the court on the demurrers to the special pleas.
The declination of the plaintiff to plead further on the overruling of the demurrers to the several special pleas involved a failure and refusal on his part to take issue on the plea denying the. allegations of the complaint
Affirmed.