Jemison v. Plant. & Mer. Bank

Citations

• 17 Ala. 754

Syllabus

<p>, 1. The notice issued at the instance of a Bank against its debtor, after it has served the purpose of bringing him into court, may be treated as a declaration, to which the defendant may either demur or plead.</p> <p>2: Oa the motion of a Bank for judgment againstits debtor, the certificate required by statute, that the debt is bona fide the property of the Bank, is intended merely to give the court jurisdiction, and cannot cure a defect in the notice.</p> <p>3. In summary proceedings in derogation of. the eommon law, the record 11 must show affirmatively and clearly every fact necessary to entitle the party to the remedy, which he claims.</p> <p>4- The acts of the 13th February 1843, for the final settlement of the affairs cf the Planters and Merchants Bank of Mobile, and of the 24th January 1845, amendatory thereof, are public acts,, and .will be judicially noticed, though not specially pleaded.</p> <p>5. The acts above referred to not having reserved to the Bank the power to sue, after the forfeiture of its charter, but having vested it, first in commissioners and then in trustees, to be by them exercised in the name of the Bank, a notice in its name against one of its debtors, which fails to show that the proceeding is instituted by direction, or for the use of the trustees, is bad on demurer.</p>