Legal Opinion

Pearsall v. Phelps

Supreme Court of Alabama

Decided January 15, 1842PublishedCited by 4 opinions

' Writ of error to the Circuit-Comdofi.Lauderdale. ■ THIS was an action of debt in.thpCif edit'Court of Lauder-dale, M the suit of the defendant'in qfi;or, ,against the plaintiff, tipon-fhe exemplification of a judgrnóLjíbhdered in a.

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' Writ of error to the Circuit-Comdofi.Lauderdale. ■ THIS was an action of debt in.thpCif edit'Court of Lauder-dale, M the suit of the defendant'in qfi;or, ,against the plaintiff, tipon-fhe exemplification of a judgrnóLjíbhdered in a. Court .of the StaSe-of New York.. v ■ \V-\ ' •; .The cause was tried bn the -plea Mel record, and the defendant excepted to the ruling of-the Court, by which- it was determined, that the exemplification,yas;,admissible evidence under the pleadings,- Tlie-declarationithusintrodaces the plaintiff’s cause of action: “For, whereas' the said Elisha Phelps,…

1Opinion of the CourtCollier, C. J.

— A distinction, it is' said, is established betwéen allegations of matter of substance, aind allegations of matter of description. The former, may be proved substantially; the latter, must be proved with great exactness. Pear-cell v. Macnamara, 9 Ests. 157; Phillips v. Shaw, 4 B. & A. Rep. 435; Walters v. Mace, 2 B. & A. Rep. 758, ’9,1 Chitty’s Plead. 304. That is, it is sufficient to establish an allegation of’ matter of substance by showing a state of facts, the meaning, and legal effect of which, is in harmony with the matter alleged. But if a party undertakes to set forth a written…

2Cases cited2 opinions

  1. Toof v. BentlyNew York Supreme Court · 1830
  2. Dillingham v. United StatesU.S. Circuit Court for the District of Pennsylvania · 1810

3Cited by4 opinions

  1. Hopkins v. RailroadTennessee Supreme Court · 1896
  2. Railroad v. BrownTennessee Supreme Court · 1896
  3. Summers v. RailroadTennessee Supreme Court · 1896
  4. Griffin v. GanawaySupreme Court of Alabama · 1844

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