Joseph v. Henderson
Supreme Court of Alabama
Appeal from tbe Circuit Court of Bandolpb. Tried before tbe Hon. Jas. B. Dowdell. This action was brought by Samuel Henderson, as as-signee of A. J. Langley & Brother, against M. Joseph, and was commenced on tbe 4th March, 1889. The original complaint contained a single count, in these words: “Plaintiff claims of defendant $5,000 damages for wrongfully taking tbe following goods and chattels, tbe property of tbe plaintiff, viz., a stock of general merchandise formerly owned…
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Appeal from tbe Circuit Court of Bandolpb. Tried before tbe Hon. Jas. B. Dowdell. This action was brought by Samuel Henderson, as as-signee of A. J. Langley & Brother, against M. Joseph, and was commenced on tbe 4th March, 1889. The original complaint contained a single count, in these words: “Plaintiff claims of defendant $5,000 damages for wrongfully taking tbe following goods and chattels, tbe property of tbe plaintiff, viz., a stock of general merchandise formerly owned by A. J. Langley & Brother, consisting of dry goods, groceries, hardware, To the complaint as thus amended the defendant…
1Opinion of the CourtColeman, J.
The record brings up for review only the rulings of the trial court upon the pleadings. The complaint was amended by striking out the count in trover, leaving only the first and second counts of the complaint. The first count is in trespass, and in the usual form, as prescribed by the Code. All assignments as cause for demurrer to this count, or to the complaint as a whole, were properly overruled.
There is some contention as to whether the second count is in case or trespass. Trespass and case may be joined under section 2673 of the Code. The averments of the second count show that the…
2Cases cited8 opinions
- Dollins & Co. v. Lindsey & Co.Supreme Court of Alabama · 1889
- Nelson v. BondurantSupreme Court of Alabama · 1855
- Davis v. YoungSupreme Court of Alabama · 1852
- Langdon & Co. v. BrumbySupreme Court of Alabama · 1844
- Cordaman v. MaloneSupreme Court of Alabama · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- Lewman & Co. v. Ogden Bros.Supreme Court of Alabama · 1904
- Hooper v. DorseyAlabama Court of Appeals · 1912
- Nicholson v. MoatesDistrict Court, M.D. Alabama · 2001
- Carrera v. del Pilar HnosDistrict Court, D. Puerto Rico · 1916
1 more not listed; retrieve them via the Exa API.