Nelson v. Webb
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon. M. J. Saeeold. Tbe appellant, Nelson, wbo was then special administrator of tbe estate of Alanson Saltmarsb, deceased, commenced tbis suit by attachment, in tbe circuit court, against tbe appellee, Webb.
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Appeal from Circuit Court of Dallas. Tried before Hon. M. J. Saeeold. Tbe appellant, Nelson, wbo was then special administrator of tbe estate of Alanson Saltmarsb, deceased, commenced tbis suit by attachment, in tbe circuit court, against tbe appellee, Webb. Tbe affidavit for attachment stated that “Samuel H. Webb was justly indebted to him (Nelson) as special administrator of A. Saltmarsb, deceased, in tbe sum of two thousand and fifty dollars for rent of lands belonging to said estate, for tbe year 1871, and that said Webb has removed a part of tbe crops raised on said rented lands, without…
1Opinion of the CourtBbickell, C. J.
The affidavit, the attachment and the original complaint, fully apprised the defendant of the character of the suit — that it was an action of assumpsit for use and occupation. No amendment of the original complaint, not changing this cause of action, is a departure from the affidavit and writ. The common count for use and occupation, could originally have been joined with the special count. The common count, appropriate for a recovery, if there had not been a special contract, as declared in the special count, may always be joined with the special count. As the common count could originally…
2Cases cited8 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Jordan v. HazardSupreme Court of Alabama · 1846
- Reed v. ScottSupreme Court of Alabama · 1857
- Tenison v. MartinSupreme Court of Alabama · 1848
- Gill v. DownsSupreme Court of Alabama · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lamar v. JohnsonAlabama Court of Appeals · 1919
- Farrow v. BurnsAlabama Court of Appeals · 1921
- Colvin v. PayneSupreme Court of Alabama · 1928
- Smith v. PritchettSupreme Court of Alabama · 1893
- Bain v. McDonaldSupreme Court of Alabama · 1895
5 more not listed; retrieve them via the Exa API.