Lindsay v. Williams

Citations

• 17 Ala. 229

Syllabus

<p>1. This Court is judicially bound to know at what times the terms of the several Circuit and County Courts are held.</p> <p>2 If the holder of a promissory note not negotiable in bank is ignorant of the residence of the maker and cai.not by diligent inquiry a?certain it in time to sue to the first court, it is a sufficient excuse for his failure to do so, and the endorser will not be discharged.</p> <p>3. In an action against the endorser of a promissory note, an averment that the court to which the suit against the maker was brought was the first court to which it could be brought “after the plaintiff by prompt and diligent inquiry ascertained that the maker resided in Macon county,” is bad on demurrer. The excuse should be distinctly avered, and not left to implication.'</p>