117 Ala. 245 | Ala. | 1897
The suit began before a justice of the peace upon a promissory note, in which court the plaintiff recovered judgment. The defendant removed the cause to the city court of Decatur, by statutory certiorari issued by the judge of probate. Judgment nil dicit was rendered for plaintiff in the city court. By act of the legislature the city court of Decatur was abolished, and the causes and proceedings in that court were transferred to the circuit court of Morgan county. In the circuit court a motion was made by the defendant for a new trial. This motion was heard and adjudicated by
The act of February 4,1893 (Acts of 1892-93, p. 263), provides that in all actions begun before a justice’s court and brought into the city court by appeal or certiorari, the demand for a jury shall be made by the appellant at the time of filing hia appeal or certiorari bond,
The suit was upon a promissory note. The defendant filed several special pleas, setting up failure of consideration, want of consideration, payment, and fraud in procuring the execution of the note. To these the plaintiff replied specially, that he purchased the note from the payee McDaniel; that before purchasing the same, “he went to the defendant and asked her about the note, whether it was all right, and whether she would 'pay it. She then and there stated to the plaintiff, that the note was all right, that she owed it and would pay it, and plaintiff relying on such representations and statements of the defendant bought said note from McDaniel, paying him a valuable consideration therefor. That if the statements contained in said special pleas were true, the plaintiff was ignorant of them at the time he bought said note, and that he was induced by said defendant’s statements herein set out to buy said note.” The court did not err in overruling the demurrer to this replication, nor in holding that the rejoinder to -the same was insufficient. The defendant was entitled to and we must presume did receive, every available defense in the joinder of issue upon the replication of the plaintiff.
There is no' error in the record available to appellant.
Affirmed.