Herring, Farrell & Sherman v. Skaggs
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Tried before Hon. LeBoy F. Box. This cause was before this court at a fowner term, when tbe judgment of tbe lower court was reversed and the cause remanded. — See Herring, Farrell <& Sherman v. Skaggs, 62 Ala. 180. The suit is by Newton J. Skaggs against Silas C. Herring, Jolin Farrell and Elijah Sherman, partners trading under tbe firm name of Herring, Farrell & Sherman, and was commenced by attachment on 26tli December, 1871.- The…
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Appeal from Talladega Circuit Court. Tried before Hon. LeBoy F. Box. This cause was before this court at a fowner term, when tbe judgment of tbe lower court was reversed and the cause remanded. — See Herring, Farrell <& Sherman v. Skaggs, 62 Ala. 180. The suit is by Newton J. Skaggs against Silas C. Herring, Jolin Farrell and Elijah Sherman, partners trading under tbe firm name of Herring, Farrell & Sherman, and was commenced by attachment on 26tli December, 1871.- The complaint contains three counts, the substantial averments of which are as follows: In the first count it is alleged, that on…
1Opinion of the CourtBrickell, C. J.
— We can not regard it as necessary to consider separately the. several causes of demurrer assigned to the complaint. Some of them are not well taken, if the'sufficiency of the complaint was tested by common law rules. The Code establishes a system of pleading essentially different from that prevailing at. common law, and the forms of complaint prescribed are, it has been said, rather a statement of legal conclusions than of the facts which constitute the cause of action. Randolph v. Shoppe, 42 Ala. 265. These forms have the force of law, and it is expressly declared that substantial…
2Cases cited13 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Gibson v. Snow Hardware Co.Supreme Court of Alabama · 1891
- Holczstein v. Bessemer Trust & Savings BankSupreme Court of Alabama · 1931
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. JenkinsIllinois Supreme Court · 1898
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1907
- Humphrey v. BoschungSupreme Court of Alabama · 1971
33 more not listed; retrieve them via the Exa API.