Pike v. Bright
Supreme Court of Alabama
Appeal from tbe Circuit Court of Talladega. Tried before tbe Hon. Robert Dougherty. This action was brought by Jasper Bright against James A. Pike, and was commenced in a justice’s court; but tbo record nowhere shows any statement of the cause of action, except so far as it may be ascertained from the bill of exceptions, which is as follows : “ On the trial of this cause, which was tried by the presiding judge, (the amount claimed not requiring a jury,) the plaintiff…
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Appeal from tbe Circuit Court of Talladega. Tried before tbe Hon. Robert Dougherty. This action was brought by Jasper Bright against James A. Pike, and was commenced in a justice’s court; but tbo record nowhere shows any statement of the cause of action, except so far as it may be ascertained from the bill of exceptions, which is as follows : “ On the trial of this cause, which was tried by the presiding judge, (the amount claimed not requiring a jury,) the plaintiff introduced the following account:— ‘ James A. Pike to Jasper Bright, Dr. Nov., 1850. To 38 bundles of fodder,.$ .75 Dec., “ “…
1Opinion of the CourtBice, C. J.
This is an action, ex contractu, brought originally before a justice, to recover on an account under twenty dollars. — Code, §§ 2765, 2766. There can be no recovery in it,'except upon a contract or promise, express or implied. It cannot be treated as an action to recover damages for torts or trespasses. The doctrine of waiving a tort and bringing assumpsit, lias no application to the facts of this case ; as that doctrine is confined to cases, where the wrong-doer has disposed of the plaintiff’s property, and has received either money, -or some other thing as money ; and does not extend to…
2Cases cited1 opinion
- Adams v. McGrewSupreme Court of Alabama · 1841
3Cited by12 opinions
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Watson v. SteverMichigan Supreme Court · 1872
- Bassett v. PowellSupreme Court of Alabama · 1912
- McLeod v. StateSupreme Court of Alabama · 1860
- Southern Ry. Co. v. City of AttallaSupreme Court of Alabama · 1906
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