Posey v. Hair
Supreme Court of Alabama
Writ of Error to the County Court of Sumter. Assumpsit by Posey, suing by prochien ami, against Hair. The declaration consists of four counts, the three first of which were overruled, on demurrer, and a verdict for the defendant on the other. The overruled counts are very similar, and one only need be stated, as the same ground for exception exists in all.
Read the full summary
Writ of Error to the County Court of Sumter. Assumpsit by Posey, suing by prochien ami, against Hair. The declaration consists of four counts, the three first of which were overruled, on demurrer, and a verdict for the defendant on the other. The overruled counts are very similar, and one only need be stated, as the same ground for exception exists in all. The cause of action in that is thus stated; For that, &c., on, &c., at, &c., the said defendant, in consideration that the said plaintiff, at the special instance and request of the said defendant, had authorized and empowered the said…
1Opinion of the CourtGoldthwaite, J.
The certainty which is required in a declaration, or plea, is such a statement of the facts constituting the cause of action, or ground of defence, as will enable them to be understood by the party who is to answer them, the jury who are to ascertain their truth, and by the court which is to give the judgment. [Chit. PI. 212.] Nor will the introduction of the words certain debt, or certain-sum, be of any avail, if the debt or sum is not otherwise sufficiently stated. [Ib. 216.] The counts overruled are clearly deficient in this kind of certainty, and therefore the demurrer was properly…
2Cited by5 opinions
- Jones v. KeithSupreme Court of Alabama · 1931
- Weller & Co. v. CampSupreme Court of Alabama · 1910
- Industrial Sav. Bank v. GreenwaldSupreme Court of Alabama · 1935
- Jefferson County v. Gulf Refining Co.Supreme Court of Alabama · 1919
- Societa Italiana Mutua Beneficenza Vittorio Emanuele III Di Ensley v. LovoySupreme Court of Alabama · 1935