Wall v. Graham
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. S.,L. Brewer. Action by N. H. Graham against Alex Wall for damages for deceit. There was a judgment for plaintiff, and defendant appealed to the Court of Appeals under Acts 1911, p. 450, § 6, and it transferred the cause 'to the Supreme Court.
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Appeal from Coosa Circuit Court. Heard before Hon. S.,L. Brewer. Action by N. H. Graham against Alex Wall for damages for deceit. There was a judgment for plaintiff, and defendant appealed to the Court of Appeals under Acts 1911, p. 450, § 6, and it transferred the cause 'to the Supreme Court. Count 2 is as follows: Claiming $99 as damages for that defendant and one Tom Smith ivere indebted to one R. H. Crew in the sum of about $90, in the fall' of 1911, and said Smith is a tenant of said Wall, and was unable to pay defendant said amount. Plaintiff avers that after Tom Smith paid him…
1Opinion of the Court
GARDNER, J.(1) Action of deceit by appellee against appellant. Demurrer to count 2 was overruled, by the court, and this action constitutes one of the assignments of error. There are omissions of certain words in some of the averments of said count (as, for instance, in the second sentence the failure to allege that the defendant made representations therein referred to), and there are also words used evidently by mistake,, or else they are clerical errors made in copying the rec*399ord, as in the concluding part of said count it is alleged that the defendant did not have any cow, etc., whereas…
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