Fountain's Adm'r v. Ware
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. James E. Cobb. This action was brought by Henry "Ware, against Benjamin Fountain, as a partner in the late firm of Fountain & Hughes; and was commenced on the 2d February, 1869. The defendant having died, the suit was revived against James H. Shorter, as his administrator.
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Appeal from the Circuit Court of Russell. Tried before the Hon. James E. Cobb. This action was brought by Henry "Ware, against Benjamin Fountain, as a partner in the late firm of Fountain & Hughes; and was commenced on the 2d February, 1869. The defendant having died, the suit was revived against James H. Shorter, as his administrator. The complaint contained only the common money counts, claiming $500 as due from said Fountain & Hughes on the 9th February, 1866, on an account then stated between them and said plaintiff, for money had and received, and for goods sold and delivered. The…
1Opinion of the Court
STONE, J.'
We are not able to find any error in the several rulings of the Circuit Court. The rule in regard to bills of particulars is one of practice, the main object of which is to prevent surprise. Liberal rules are applied in their construction ; and when, as in this case, it is manifest that each party knew, not only “something about the matter,” but ■was fully apprised that the five hundred dollars, paid on an order alleged to have been forged, was the foundation of the suit, the court rightly overruled the motion to dismiss plaintiff’s suit on this account. — See Pryor v. Johnson, 32…
2Cases cited4 opinions
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Jewell v. CenterSupreme Court of Alabama · 1854
- Pryor v. JohnsonSupreme Court of Alabama · 1858
3Cited by6 opinions
- Louisville N. R. Co. v. ScottSupreme Court of Alabama · 1935
- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
- McDonald v. SmithMichigan Supreme Court · 1905
- Mobile & Birmingham Railroad v. WorthingtonSupreme Court of Alabama · 1891
- Curtis v. Parker & Co.Supreme Court of Alabama · 1902
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