Robinson's Adm'rs v. Tipton's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Thomas A. "Walker. This action was brought by Samuel Tipton, against the administrators of "William Robinson, deceased; was commenced on the 26th April, 1853; was revived, on the death of the plaintiff, in the' name of G-eorge ~W. Carmichael, as Ms administrator; and was founded on a special contract between plaintiff and defendants’ intestate, made in August, 1839, which is thus stated in the first count of the…
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Appeal from the Circuit Court of Madison. Tried before the Hon. Thomas A. "Walker. This action was brought by Samuel Tipton, against the administrators of "William Robinson, deceased; was commenced on the 26th April, 1853; was revived, on the death of the plaintiff, in the' name of G-eorge ~W. Carmichael, as Ms administrator; and was founded on a special contract between plaintiff and defendants’ intestate, made in August, 1839, which is thus stated in the first count of the amended complaint: “ On the 20th February, 1839, one Andrew J. Rice recovered a judgment against Samuel Tipton and…
1Opinion of the CourtRice, C. J.
— We shall not notice the complaint originally filed, because, without any decision as to its sufficiency, an amended complaint was filed, upon which the action of the court below here complained of was had.
The demurrer to the first and third counts of the amended complaint was overruled. By section 2253 of the Code, no objection can be taken or allowed, which is not distinctly stated in the demurrer. The only objections specified in the demurrer are, 1st, that the cause of action set out in these counts is obnoxious to the statute of frauds; and, 2d, that “ said promise is not averred to…
2Cases cited1 opinion
- McCargo & Cordle v. CrutcherSupreme Court of Alabama · 1855
3Cited by13 opinions
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- Rigby v. NorwoodSupreme Court of Alabama · 1859
- Hall's Heirs v. Hall's ExecutorsSupreme Court of Alabama · 1861
- Jay v. SteinSupreme Court of Alabama · 1873
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