Wright v. Snedecor
Supreme Court of Alabama
Appeal from Circuit-Court of Greene. Tried before Hon. Luther R. Smith. The appellee and his partner, Hutton, now deceased, in their firm name of Snedecor & Hutton, sued out an attachment against appellants, as husband and wife, on an affidavit that said firm had a moneyed demand, the amount of which could be certainly ascertained, to-wit, two hundred and forty-one dollars and thirty cents, due the first day of February, 1868, against the appellants, John Y. Wright and…
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Appeal from Circuit-Court of Greene. Tried before Hon. Luther R. Smith. The appellee and his partner, Hutton, now deceased, in their firm name of Snedecor & Hutton, sued out an attachment against appellants, as husband and wife, on an affidavit that said firm had a moneyed demand, the amount of which could be certainly ascertained, to-wit, two hundred and forty-one dollars and thirty cents, due the first day of February, 1868, against the appellants, John Y. Wright and Georgia IL, his wife; and that- they were justly indebted to said Snedecor & Hutton, inclusive of interest, on said moneyed…
1Opinion of the CourtPeck, C. J.
The court below erred in sustaining the demurrer to the plea in abatement. It is a general rule of pleading, that the declaration must correspond with the process. If the writ discloses one cause of action, and the plaintiff declares on substantially a different cause of aq*97lion, the defendant may plead the variance in abatement. Summerlin v. Dowdle, 24 Ala. 428 ; Curry & Co. v. Payne, adm’r, 3 Ala. 154; Turner et al. v. Brown et al., 9 Ala. 866; Palmer v. Lesne, ib. 743.
Although I have not been able to find, in our Eeports, a case in all respects like the present, sustaining a plea in…
2Cases cited6 opinions
- Walker v. Bank of MobileSupreme Court of Alabama · 1844
- Jones v. PopeSupreme Court of Alabama · 1844
- Roberts v. BurkeSupreme Court of Alabama · 1844
- Summerlin v. DowdleSupreme Court of Alabama · 1854
- Curry & Co. v. PaineSupreme Court of Alabama · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Focke v. WatersTexas Supreme Court · 1886
- Evans & Martin v. TuckerTexas Supreme Court · 1883
- Horton v. Miller & Bro.Supreme Court of Alabama · 1887
- Cauly v. BlueSupreme Court of Alabama · 1878
- Hambrick v. WilkinsMississippi Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.