Holloway v. Lowe
Supreme Court of Alabama
Error to the Circuit court of St. Clair county. The defendant in error, brought his action of assump-sit against the plaintiff, founded on a writing, in the words and figures following: “ William Holloway, sen’r, vs. “Joel Chandler.
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Error to the Circuit court of St. Clair county. The defendant in error, brought his action of assump-sit against the plaintiff, founded on a writing, in the words and figures following: “ William Holloway, sen’r, vs. “Joel Chandler. “In this case of slander, I agree to pay P. P. Lowe, fifteen dollars, for commencing and prosecuting the suit, together with one fourth of the damages ; — but if the said Lowe is non-suited in the action, for any informality in the pleadings, he is not to have any thing — This 26th February, 1834. (Signed,) “ Wa. Holloway.” The declaration, after setting out the…
1Opinion of the Court
GOLDTHWA1TE, J.
— The agreement in writing, of the plaintiff in error, which is disclosed as the foundation of this action, is impeached, as illegal; and it is clearly so, if champerty is an offence known to the laws of this State. As we have no statute defining this of-fence, we must recur to the common law, to ascertain what it is, and to what cases it extends.
It is defined by Hawkins, as the unlawful maintainance of a suit, in consideration of some bargain, to have a part of the thing in dispute, or some profit out of it—(Hawkins’ Pleas of the Crown, 463)—And has been held to cover all…
2Cited by12 opinions
- Gilman, Son & Co. v. JonesSupreme Court of Alabama · 1888
- Coquillard's Adm'r v. BearssIndiana Supreme Court · 1863
- Goodwin v. LloydSupreme Court of Alabama · 1838
- Ware's Adm'r v. RussellSupreme Court of Alabama · 1881
- Board of Ed. of Oklahoma City v. ThurmanSupreme Court of Oklahoma · 1926
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