Blick v. Briggs
Supreme Court of Alabama
Whit of error to tho County Court of Sumter. This was an action on the case at the suit of the plaintiff in error against the defendant. The declaration contains two counts.
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Whit of error to tho County Court of Sumter. This was an action on the case at the suit of the plaintiff in error against the defendant. The declaration contains two counts. In the first, it is stated that the plaintiff caused to be delivered to the defendant two negroes (who are named, &c.,) to be hired out by him as an auctioneer for the space of twelve months; but the possession only to be given up by the defendant upon good security being given by the hirer; for which service, the defendant was to receive a reasonable reward. It is then alleged, that the two slaves were disposed of to one…
1Opinion of the CourtCollier, C. J.
We are at a loss to perceive upon What ground the county court sustained the demurrer to the declaration. The first count is clearly good; and the second, if maintainable, discloses a cause for Which the plaintiff may as well have sued in case as assumpsit. There was then no misjoinder, and the demurrer being general, should have been overruled in teto.
Upon the hypothesis that it may have been supposed that the notion was misconceived, we will briefly consider for what causes case is the proper remedy, at least so far as it is material to the present inquiry. It is said that this action is…
2Cited by6 opinions
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- Adams v. DavisSupreme Court of Alabama · 1849
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