Morgan v. Patrick
Supreme Court of Alabama
Writ of error to the Circuit Court of St. Clair County.- • Assumpsit by Patrick and Smith against Morgan, on- the money counts. After the trial of the case, a statement of thé facts proved before the jury, and the questions supposed to arise thereon, was made by the counsel of the parties, and substituted in place of a bill of exceptions.
Read the full summary
Writ of error to the Circuit Court of St. Clair County.- • Assumpsit by Patrick and Smith against Morgan, on- the money counts. After the trial of the case, a statement of thé facts proved before the jury, and the questions supposed to arise thereon, was made by the counsel of the parties, and substituted in place of a bill of exceptions. To make out their case, the plaintiffs proved by oral testimony, that they had -paid the money sued for, to one Neal, in the State of South' Carolina, upon a judgment obtained by him in that State against the defendant, and also gave in evidence a certified…
1Opinion of the CourtGoldthwaite, J.
— 1. We think it clear that the judgment in this case must be reversed, upon the statement agreed .to by the counsel.
The principal question is whether the action of assumpsit is the proper one in the event that the ease of the plaintiffs was made out by legal evidence. This action is allowed wherever there is an express contract, not under seal, to pay money or perform a duty, or where one can be implied from the circumstances in proof. [Chitty on Plead. 93.] In this case, according to the facts agreed upon, the defendant sold to the plaintiffs a tract of land, knowing at the time it was…
2Cases cited4 opinions
- Jackson ex dem. Brewster v. BullNew York Supreme Court · 1813
- Dunn v. WhiteSupreme Court of Alabama · 1840
- Cloud v. PattersonSupreme Court of Alabama · 1828
- Rinaldi v. RivesSupreme Court of Alabama · 1827
3Cited by12 opinions
- Corry v. Sylvia y CiaSupreme Court of Alabama · 1915
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Russell v. LittleSupreme Court of Alabama · 1856
- Byars v. JamesSupreme Court of Alabama · 1922
7 more not listed; retrieve them via the Exa API.