Roundtree v. Turner
Supreme Court of Alabama
Appeal from the .Circuit Court of Jackson. Tried before the Hon. JOHN E. Moore. Tiits is the same case which was before this court at its June term, 1857, and which may be found reported in 30 Ala. 706. The second count of the amended complaint was as follows: “The plaintiff claims of the defendant a like sum of §300, for this:. On the 3d day of October, 1854, in said county, plaintiff and defendant agreed to refer all their matters in dispute, in relation to the crops grown…
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Appeal from the .Circuit Court of Jackson. Tried before the Hon. JOHN E. Moore. Tiits is the same case which was before this court at its June term, 1857, and which may be found reported in 30 Ala. 706. The second count of the amended complaint was as follows: “The plaintiff claims of the defendant a like sum of §300, for this:. On the 3d day of October, 1854, in said county, plaintiff and defendant agreed to refer all their matters in dispute, in relation to the crops grown by them on said defendant’s plantation for the year 1854, to the arbitrament'of William Stephens, Pleasant Hodges, and…
1Opinion of the CourtStone, J.
When this case was before us at a former term,'(30 Ala. 706.,) we declared, that the complaint was legally sufficient.' The complaint, which contains two counts, is in the same form as when we announced its sufficiency, and must be now held sufficient.
[2.] The second count is based on an award. It avers, that the arbitrators “awarded to plaintiff, on the 7th October, 1854, the one-fifth part of said crop.” This was sufficient, because it furnished the rule for ascertaining the amount to which plaintiff was entitled. Id cerium est, quod certurp. reddi potest. — Higgins v. Willes, 3 Mann. & Ry.…
2Cases cited5 opinions
- Carnochan v. ChristieSupreme Court of the United States · 1826
- Waite v. BarryNew York Supreme Court · 1834
- Manuel v. CampbellSupreme Court of Arkansas · 1841
- Turner v. RoundtreeSupreme Court of Alabama · 1857
- Gonsales v. DeavensSupreme Court of Pennsylvania · 1800
3Cited by1 opinion
- Smith-Schultz-Hodo Realty Co. v. Henley-Spurgeon Realty Co.Supreme Court of Alabama · 1932