Nelson v. First National Bank of Montgomery
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R.-Tyson. This action was brought by the appellant, Margaret S. Nelson, against the appellee, the First National Bank of Montgomery, and was instituted on March 20, 1896. The Complaint as originally filed contained but one count, which was in words and figures as follows: “The plaintiff claims of the defendant the sum of twenty thousand dollars for money of the plaintiff had and received'by the…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R.-Tyson. This action was brought by the appellant, Margaret S. Nelson, against the appellee, the First National Bank of Montgomery, and was instituted on March 20, 1896. The Complaint as originally filed contained but one count, which was in words and figures as follows: “The plaintiff claims of the defendant the sum of twenty thousand dollars for money of the plaintiff had and received'by the defendant, on, viz., the 26th day of June, 1890, for the use and benefit of the plaintiff, with interest from, to-wit, June 26th,…
1Opinion of the Court
DOWDELL, J. —
Tlie suit in this case was begun on the 20th day of March, 1896, with a complaint containing a single count, claiming for money had and received by the defendant on the 26th day of June, 1890, for the use of the plaintiff. On the 21st of December, 1896, the plaintiff, by leave of the court, amended the complaint by filing a second count, claiming the same sum as claimed in the first or original count; and by leave of the court, on June 9th, 1897, she further amended the complaint by filing a third count, in which the same sum is claimed as in the first and second counts, for…
2Cases cited16 opinions
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- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- People ex rel. Gorman v. Judge of the Newaygo Circuit CourtMichigan Supreme Court · 1873
- King v. AverySupreme Court of Alabama · 1861
- Louisville & Nashville Railroad v. WoodsSupreme Court of Alabama · 1894
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3Cited by29 opinions
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