Green v. Jones

• Decision Date: 18 January 1894
• Citation: Green v. Jones, 102 Ala. 303, 14 So. 630 (Ala. 1894)
• Parties: GREEN v. JONES.
• Court: Alabama Supreme Court

14 So. 630

102 Ala. 303

GREEN v. JONES.

Supreme Court of Alabama

January 18, 1894

Appeal from circuit court, Russell county; J. M. Carmichael Chancellor.

Action by Rufus Jones, as surviving partner of the firm of Jones Bros., against Cherry Green. Judgment for plaintiff. Defendant appeals. Reversed.

L. W Martin, for appellant.

McCLELLAN J.

This action is prosecuted by Rufus Jones, as surviving partner of the firm of Jones Bros. The complaint is in debt, on an open account. Defendant, Green, interposed the following plea "*** And now comes the defendant, and, for plea and answer to the plaintiff's cause of action, says that she is not intended to the plaintiff in the form and manner complained of, nor is she indebted to the plaintiff in any amount, and of this she puts herself upon the country." This plea was filed October 8, 1892. On October 20, 1892, the cause was continued by consent. On April 25, 1893, a judgment by default was rendered against the defendant in favor of Jones Bros., with writ of inquiry. The defendant having interposed her plea, it was manifestly...