Gayle v. Randle

4 Port. 232 | Ala. | 1836

PER CURIAM.

— The judgments in this cases must be affirmed. The demurrer to the second plea was properly sustained.

When special pleas are agreed to be taken in short, by consent of counsel, it can only be understood by the Court, that matters of formare waived, —they must contain substance, or that which, if admitted, will make out a case for the party pleading.

By reference to. the case in 1 Stewart, 11, relied on by the plaintiff in error, it will be seen, that the plea does not state facts sufficient, under that decision, to make out a defence. It does not state, that the means of recovering the debt, have been lost by the negligence of the plaintiff; neither do.es if state? that the notice was in writing.-