Bartlett v. Lang
Supreme Court of Alabama
This was an action of assumpsit, brought in the Circuit Court of Mobile, by the plaintiff in error, against the defendant, as the administratrix of Willis Lang, deceased.
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This was an action of assumpsit, brought in the Circuit Court of Mobile, by the plaintiff in error, against the defendant, as the administratrix of Willis Lang, deceased. The declaration, after describing a promissory note, made by one Henry C. Dade, on the fifth day of, March, 1836, for' the payment of the sum of six thousand seven hundred and seventy-six dollars and sixty-six cents, twelve months thereafter, to McRae & Lang, alledges, that the same was, on the day of its date, endorsed to the plaintiffs. The note, it is al-ledged, was payable and negotiable at the Bank of Mobile ; and, at…
1Opinion of the CourtCollier, C. J.
— The demurrer of the defendants was superseded by the pleas, on which issues were tried by the jury; so that the inquiry in the Court below was not, whether the declaration disclosed a good cause of action, but did the proof offered by the plaintiffs, tend to sustain its allegations. The defendant’s pleas impliedly admitted that the declaration set forth in a legal manner, a state of facts, which, if true, entitled the plaintiffs to recover; but denied their truth and called for the proof. If the declaration was so palpably defective, as not to sustain a recovery, the defendant might ha ve…
2Cases cited1 opinion
- Marr's v. Southwick, Cannon & WarrenSupreme Court of Alabama · 1835
3Cited by6 opinions
- Grand International Brotherhood of Locomotive Engineers v. GreenSupreme Court of Alabama · 1923
- Willard v. HarveySuperior Court of New Hampshire · 1852
- Wetzler v. Kelly & Co.Supreme Court of Alabama · 1887
- Thornton v. KerrSupreme Court of Alabama · 1844
- Newark Savings Institution v. FormanNew Jersey Court of Chancery · 1881
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