Robbins v. Harrison
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. DobeRT DougheRTY. This action was brought by Eiehard K. Harrison, against Simeon Dobbins, to recover $180 “due from defendant by account on the 1st January, 1850, for two mules and a horse; also, the further sum of $500 for work and labor; also, the like sum for cash advanced by plaintiff, for defendant, and at his request.” The defendant pleaded non assumpsit, payment, set-off, and former recovery.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. DobeRT DougheRTY. This action was brought by Eiehard K. Harrison, against Simeon Dobbins, to recover $180 “due from defendant by account on the 1st January, 1850, for two mules and a horse; also, the further sum of $500 for work and labor; also, the like sum for cash advanced by plaintiff, for defendant, and at his request.” The defendant pleaded non assumpsit, payment, set-off, and former recovery. On the trial, as appears from the bill of exceptions, í£ the plaintiff proved that, during the year 1850, he sold to defendant two…
1Opinion of the CourtWalker, J.
— An indivisible and entire cause of action cannot be split up into several causes of action; and therefore, a recovery upon a part of such entire cause of action will bar a suit upon the residue. But, where a party has two separate and disconnected causes of action against the same person, he may bring separate suits upon them; and a recovery, or a failure to recover, upon one, will not defeat a recovery upon the other in a different suit. — Wittick v. Traun, 27 Ala. 562; O’Neal v. Brown, 21 Ala. 482; Oliver v. Holt, 11 Ala. 574; De Sylva v. *163Henry, 3 Porter, 321; Locke v. Miller, 3 S. & P.…
2Cases cited10 opinions
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Brockway v. KinneyNew York Supreme Court · 1807
- Salomon v. StateSupreme Court of Alabama · 1856
- O'Neal v. BrownSupreme Court of Alabama · 1852
- Oliver v. HoltSupreme Court of Alabama · 1847
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Long v. AddixSupreme Court of Alabama · 1913
- Miller Bros. v. Direct Lumber Co.Supreme Court of Alabama · 1922
- Dishman v. GriffisSupreme Court of Alabama · 1916
- Ryall v. PrinceSupreme Court of Alabama · 1886
- Offutt v. WellsSupreme Court of Alabama · 1868
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