Pate v. McConnell
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This suit was brought February 1st, 1893, by the appellants, E. & S. Pate, against the appellee, Roscoe McConnell. The complaint, as originally filed, contained six counts. The first count claimed the amount sued for as due from defendant “by an account between the defendant and plaintiffs.”
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This suit was brought February 1st, 1893, by the appellants, E. & S. Pate, against the appellee, Roscoe McConnell. The complaint, as originally filed, contained six counts. The first count claimed the amount sued for as due from defendant “by an account between the defendant and plaintiffs.” The 2, 3, 4 and 5 counts were the common'counts ; and the 6th count sought to recover for the breach of a bond for title given by the defendant and J. M. Carter and S. G. Painter. The defendant demurred to the 2, 3, 4, 5, and 6…
1Opinion of the CourtBriokell, C. J.
— Whether there was technical error in sustaining any- or all the causes of demurrer which were assigned to all the counts of the complaint except the first, it is not now material to consider. On the trial on that count, it is apparent the plaintiffs had the full benefit of all matters which could have been. *453available under the other counts ; and if there be error in sustaining the demurrers, it is error without injury.
The plaintiffs seek a recovery back of nine hundred and twenty dollars, which they had paid the defendant and his partners or associates, as part of the purchase money of a…
2Cases cited1 opinion
- Hartley v. . JamesNew York Court of Appeals · 1872
3Cited by6 opinions
- Nicolopoolos v. HillSupreme Court of Alabama · 1928
- Drake v. NunnSupreme Court of Alabama · 1923
- LeBron v. Morris & Co.Supreme Court of Alabama · 1895
- Jones v. SublettAlabama Court of Appeals · 1926
- Lasusa v. GibsonSupreme Court of Alabama · 1930
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