Judges: PER CURIAM. —
Attorneys: Campbell Campbell, for Plaintiff in Error;
J. Winfield Hendry, for Defendant in Error.
Filed: Jul. 11, 1928
Latest Update: Mar. 02, 2020
Summary: This is an action on a promissory note. The declaration is in substantially the form in common use in such cases in the courts of this State, the plaintiffs suing in their individual capacities. Upon a motion by plaintiff to strike designated parts of one plea, and the whole of two other pleas, on equitable grounds, there was a finding that the pleas sought to be stricken "amount to a plea in bar, staying the proceedings in said cause," because brought as individuals and not as executors of plai
Summary: This is an action on a promissory note. The declaration is in substantially the form in common use in such cases in the courts of this State, the plaintiffs suing in their individual capacities. Upon a motion by plaintiff to strike designated parts of one plea, and the whole of two other pleas, on equitable grounds, there was a finding that the pleas sought to be stricken "amount to a plea in bar, staying the proceedings in said cause," because brought as individuals and not as executors of plain..
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The record in this cause having been considered by this Court, and the foregoing opinion prepared under Chap. 7837, Acts of 1919, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the court below should be, and the same is hereby, affirmed.
ELLIS, C. J., AND WHITFIELD, TERRELL, STRUM, BROWN AND BUFORD, J. J., concur.
