Johnson Bros. v. Selden
Supreme Court of Alabama
Appeal from tbe Circuit Court of Marengo. Tried before tbe Hou. John C. Anderson. This action was brought by tbe appellants, Johnson Bros., against the appellees, John A. Selden and bis wife, Sallie A. Selden. Tbe complaint contained several counts. One count was a common count, in which the plaintiff sought to recover upon an account stated.
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Appeal from tbe Circuit Court of Marengo. Tried before tbe Hou. John C. Anderson. This action was brought by tbe appellants, Johnson Bros., against the appellees, John A. Selden and bis wife, Sallie A. Selden. Tbe complaint contained several counts. One count was a common count, in which the plaintiff sought to recover upon an account stated. In another count the plaintiff sought to recover an amount alleged to be due upon a bond, which, it was alleged in the complaint, was executed by the defendants, and contained a waiver of exemptions. In another count the plaintiffs sought to recover the…
1Opinion of the CourtDowdell, J.
The appellants concede that under the authority of McCrummen v. Campbell, 82 Ala. 566, the court was justified in sustaining the demurrer to the complaint for misjoinder of counts, but now seek to have us review and overrule that case. This we are unwilling to do. In the case of Mahan v. Smitherman, 71 Ala. 563, cited by counsel for appellant, the question of a misjoin-der was not raised, and hence that case cannot be regarded as an authority against the proposition decided in McCrummen v. Campbell. The case of L. & N. R. R. Co. v. Cofer, 110 Ala. 491, presented a question different in…
2Cases cited3 opinions
- Mahan v. SmithermanSupreme Court of Alabama · 1882
- Louisville & Nashville Railroad v. CoferSupreme Court of Alabama · 1895
- McCrummen v. CampbellSupreme Court of Alabama · 1886
3Cited by9 opinions
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Zadek v. BurnettSupreme Court of Alabama · 1912
- Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1922
- Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1930
- Chenault v. MilanSupreme Court of Alabama · 1920
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