Traweek v. Hagler
Supreme Court of Alabama
Appeal from Tuscaloosa County Court.. Heard before Hon. Henry B. Foster. Assumpsit by P. B. Traweek, individually, and as adminis-. trator, against Sallie A. Hagler. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under section 6, Act 1911, p. 449. The action is for money had and received by defendant to the use of plaintiff, which was paid by plaintiff to defendant by mistake of fact.
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Appeal from Tuscaloosa County Court.. Heard before Hon. Henry B. Foster. Assumpsit by P. B. Traweek, individually, and as adminis-. trator, against Sallie A. Hagler. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under section 6, Act 1911, p. 449. The action is for money had and received by defendant to the use of plaintiff, which was paid by plaintiff to defendant by mistake of fact. Besides pleas of the general issue and a plea of set-off, special pleas were filed as 'follows: (A) For further plea defendant says that the allegations of the complainant are…
1Opinion of the CourtSomerville, J.
(1, 2) The first assignment of error is that the trial court erred in overruling the demurrers to pleas 3, 4, A and B. If any one of these pleas was not subject to the grounds specified as to it, the assignment of error cannot be sustained. Plea 3 — that defendant is not indebted to plaintiff in any sum whatever — though technically inapt in assumpsit, is in effect a plea of the general issue, and the only ground of demurrer thereto is that “it is no -more than the general issue.” There was manifestly no error in overruling such a demurrer, and it follows that the entire assignmént of error…
2Cases cited3 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Smith v. GillamSupreme Court of Alabama · 1885
- Planters' & Merchants' Insurance v. TunstallSupreme Court of Alabama · 1882
3Cited by16 opinions
- Joseph H. Proctor, as Administrator, C/t/a of the Estate of Pinkie Sutton, Deceased v. J. C. GissendanerCourt of Appeals for the Fifth Circuit · 1978
- Crowley v. BassSupreme Court of Alabama · 1984
- Franklin Life Ins. Co. v. WardSupreme Court of Alabama · 1939
- Austin v. AustinSupreme Court of Alabama · 1978
- Burgess v. BurgessSupreme Court of Alabama · 1918
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