Oliver v. Holt
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Assumpsit by the defendant, against the plaintiff in error. The declaration is in the usual form, upon a physician’s account. The defendant pleaded a former recovery before a justice of the peace for $37 50, for not performing the same identical promises and undertakings in the declarations, which he has since paid, &c.
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Error to the Circuit Court of Montgomery. Assumpsit by the defendant, against the plaintiff in error. The declaration is in the usual form, upon a physician’s account. The defendant pleaded a former recovery before a justice of the peace for $37 50, for not performing the same identical promises and undertakings in the declarations, which he has since paid, &c. The plaintiff replied that the recovery before the justice, was not for the non-performance of the promises and undertakings in the declaration mentioned, but for the nonperformance of other and distinct promises and undertakings, &c.…
1Opinion of the CourtOrmond, J.
The writ in this case was sued out on the 30th January, 1843, and the judgment rendered by the justice of the peace which is pleaded in bar, on the 8th February afterwards; it is therefore a just inference, that the action was commenced before the justice before this suit was instituted. It has been argued on that hypothesis, and we shall so consider it.
The facts as found by the jury, establish that there was a running account between these parties for services rendered *577by the plaintiff as a physician, and that the entire account was due when the action was commenced before the justice of the…
2Cases cited5 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Guernsey v. CarverNew York Supreme Court · 1832
- Bunnel v. PintoSupreme Court of Connecticut · 1818
- Lock v. MillerSupreme Court of Alabama · 1832
- Lane v. CookU.S. Circuit Court for the District of Connecticut · 1808
3Cited by17 opinions
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- Liddell v. ChidesterSupreme Court of Alabama · 1887
- Emerson-Brantingham Implement Co. v. ArringtonSupreme Court of Alabama · 1927
- McNeil v. Ritter Dental Mfg. Co.Supreme Court of Alabama · 1925
- O'Neal v. BrownSupreme Court of Alabama · 1852
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