Mobile Life Insurance v. Randall
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. Leroy F. Box. This action was brought by R. O. Randall, against the appellant, a domestic corporation, and was commenced on the 5th April, 1879. The original complaint contained two counts,, each in trover; and a third count was added by amendment, which was in these words: “Plaintiff claims of defendant, also, ten thousand dollars as damages, for that whereas, to-wit, on the — day of-, plaintiff and defendant…
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Appeal from the Circuit Court of Etowah. Tried before the Hon. Leroy F. Box. This action was brought by R. O. Randall, against the appellant, a domestic corporation, and was commenced on the 5th April, 1879. The original complaint contained two counts,, each in trover; and a third count was added by amendment, which was in these words: “Plaintiff claims of defendant, also, ten thousand dollars as damages, for that whereas, to-wit, on the — day of-, plaintiff and defendant entered into an agreement, whereby plaintiff became the agent of said.defendant, a corporation engaged in the business of…
1Opinion of the Court
STONE J.
— The original complaint in this case is in trover,, and contains two counts. The suit was commenced in Aprily 1879. At the Fall term, 1882, the complaint, with leave of the court, was amended by adding a third count. The defendant demurred to the complaint, as amended, assigning as one of the grounds that there was a misjoinder of count, in this, that the first two counts are in trover, and the third in assumpsit. If this be true, then the demurrer ought to have been sustained; for trover, which is ex delicto, can not be joined in the same action with assumpsit, which is ex…
2Cases cited7 opinions
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
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- Steed v. McIntyreSupreme Court of Alabama · 1880
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