Legal Opinion

Randolph v. Sharpe

Supreme Court of Alabama

Decided January 15, 1868PublishedCited by 6 opinions

This was an action for breach of covenant by appellee against appellant; tried at February term, 1867, of the City Court of Montgomery, before Hon. T. M. Arrington. The complaint in this case is in the words following, to-wit: “ Reuben W. Sharpe, plaintiff, vs. Benjamin F. Randolph, defendant.”

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This was an action for breach of covenant by appellee against appellant; tried at February term, 1867, of the City Court of Montgomery, before Hon. T. M. Arrington. The complaint in this case is in the words following, to-wit: “ Reuben W. Sharpe, plaintiff, vs. Benjamin F. Randolph, defendant.” The plaintiff claims of the defendant twenty thousand dollars damages, for the breach of a covenant entered into by him on the 8th September, 1860, in substance as follows: The said defendant and his wife Anna P. Randolph, in consideration of the sum of seven thousand-two hundred dollars, to them paid…

1Opinion of the CourtByrd, J.

1. By § 2405 of the Code of 1853, “no judgment can be arrested, annulled, or set aside for any matter not previously objected to, if the complaint contain a substantial cause of action.” In this case the counsel for appellant have argued at some length, and with great force, *271the defectiveness of the complaint. But under the provisions of the Code, we have come to the conclusion that the complaint contains a substantial cause of action, and is good after judgment by default, under the above recited section of the Code. It is therefore unnecessary to decide whether a demurrer could have been…

2Cases cited3 opinions

  1. Thompson v. DrakeSupreme Court of Alabama · 1858
  2. Ewing v. PeckSupreme Court of Alabama · 1850
  3. Alabama & Mississippi Rivers Railroad v. SanfordSupreme Court of Alabama · 1860

3Cited by6 opinions

  1. Kohlenberger, Inc. v. Tyson's Foods, Inc.Supreme Court of Arkansas · 1974
  2. Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
  3. Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
  4. Cotney v. StateSupreme Court of Alabama · 1945
  5. Melvin v. StateAlabama Court of Appeals · 1944

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