Shields v. Sheffield
Supreme Court of Alabama
Appeal from the City Court of Mobil*». Tried before the-lion. O. J. Semmes. , This action was brought by Wm. H. Sheffield, against Wra.
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Appeal from the City Court of Mobil*». Tried before the-lion. O. J. Semmes. , This action was brought by Wm. H. Sheffield, against Wra. A. Shields, and was.commenced on the 15th June, 1885. The complaint contained the common counts for money had and received and on an account stated-, and-a special count claiming $500, as follows: “For that heretofore, up to the 19th March, 1885, plaintiff was tax-collector of the port of Mobile, under and by virtue of an act of the Gtenerai Assembly of Alabama, approved Feb. 11th, 1S79, entitled,” &c., “and while he was such tax-collector, duly exercising…
1Opinion of the CourtSomeryille, J.
The count for money had and received would, no doubt, have been sufficient to cover every issue raised involving the rights of the litigating parties to the money in controversy. The plaintiff, however, elected to add another count, in which he states the facts upon which he bases his right of recovery. In doing this, he is required by the established rules of pleading, to state the facts o-r matter to be put in issue in an intelligible form, although such statement may be as brief as is consistent with perspicuity. It is a general rule, *95necessary for the proper understanding of the case by…
2Cases cited1 opinion
- Tillman v. WoodSupreme Court of Alabama · 1877
3Cited by8 opinions
- Phillips v. AshworthSupreme Court of Alabama · 1929
- Goodyear Tire & Rubber Co. of Alabama, Inc. v. Gadsden Sand & Gravel Co.Supreme Court of Alabama · 1946
- Central L. & T. Co. v. McClure L. Co.Supreme Court of Alabama · 1913
- Dawson v. MatthewsSupreme Court of Alabama · 1894
- Talley v. WebsterSupreme Court of Alabama · 1930
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