Owen v. Henderson
Supreme Court of Alabama
Writ of error to the Circuit Court of Lawrence. The defendant in error declared against the plaintiff in as-sumpsit, alledging, that on the 19th February, 1836, he was indebted to him in the sum of two hundred and fifty dollars, for so much money before that time had and received; and also in an equal sum, for so much money paid, laid out and expended, &c. The defendant pleaded non-assumpsit, payment, set off, and the statute of limitations.
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Writ of error to the Circuit Court of Lawrence. The defendant in error declared against the plaintiff in as-sumpsit, alledging, that on the 19th February, 1836, he was indebted to him in the sum of two hundred and fifty dollars, for so much money before that time had and received; and also in an equal sum, for so much money paid, laid out and expended, &c. The defendant pleaded non-assumpsit, payment, set off, and the statute of limitations. On the three first pleas issues were joined; to the fourth, the plaintiff replied, that the defendant promised to pay within six years previous to the…
1Opinion of the CourtCollier, C. J.
— The replication, it is said, should not be double, or in other words, contain two answers to the same plea; although it may put in issue several facts, where they amount to only one connected proposition, and it may contain distinct answers, to different parts of a plea divisable in its nature. So far as the replication sets out a conditional promise to pay within six years, it is certainly good; but the latter branch, which insists that the defendant held the money in trust for the plaintiff, is bad. It is difficult to conceive of a trust that could be enforced at law, against which the…
2Cases cited2 opinions
- Johnson v. JohnsonSupreme Court of Alabama · 1843
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
3Cited by11 opinions
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- Wright v. PaineSupreme Court of Alabama · 1878
- Jackson v. SampleSupreme Court of Alabama · 1937
- Montgomery Rail Road v. HurstSupreme Court of Alabama · 1846
- Western Union Tel. Co. v. HeathcoatSupreme Court of Alabama · 1907
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