Denson v. Caddell
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by Clyde Douglas Caddell -by next friend, against W. A. Denson, in assumpsit. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by Clyde Douglas Caddell -by next friend, against W. A. Denson, in assumpsit. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The assignments of error referred to are as follows: (8) The court erred in charging the jury orally as follows: If this original contract remained not changed or modified or altered between these parties, the Clanton attorneys were not brought into the case with the knowledge and consent, and their services were not accepted…
1Opinion of the CourtMeCDELDAN, J.
[1] This action was brought by the appellee, against the appellant. From a judgment for the plaintiff for $386.67, the defendant appeals. The complaint consists of three common counts, and declares on an account stated, an open account, and for money had and received by the defendant for the use of the plaintiff. To these counts a demurrer was interposed on this single ground: “The allegation of each and every one of said counts is vague, uncertain, and indefinite.” This was hut a general ground of demurrer, not specific, as the statute (Code, § 5340) requires, and the court did not err in…
2Cases cited4 opinions
- Minge v. GreenSupreme Court of Alabama · 1912
- Thornton v. Sheffield & Birmingham R. R.Supreme Court of Alabama · 1887
- Alabama State Land Co. v. SlatonSupreme Court of Alabama · 1897
- Evans v. SandersSupreme Court of Alabama · 1839
3Cited by23 opinions
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- King v. KeithSupreme Court of Alabama · 1952
- Woods v. Postal Telegraph-Cable Co.Supreme Court of Alabama · 1920
- Sadler v. RadcliffSupreme Court of Alabama · 1927
- Sanders v. Gernert Bros. Lumber Co.Supreme Court of Alabama · 1930
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