Montgomery & West Point Railroad v. Edmonds
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before tbe Hon. Bobebt Dougherty. This action was brought by William Edmonds, against tbe appellant, and was commenced on the 26tb February} 1866. Tbe complaint was in the following form: “ The plaintiff claims of the defendant, a corporate body, incorporated by an act of the general assembly of tbe State of Alabama, ten thousand dollars, as damages, for tbe failure to deliver certain goods, to-wit, twenty-tbree bales of cotton,…
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Appeal from the Circuit Court of Macon. Tried before tbe Hon. Bobebt Dougherty. This action was brought by William Edmonds, against tbe appellant, and was commenced on the 26tb February} 1866. Tbe complaint was in the following form: “ The plaintiff claims of the defendant, a corporate body, incorporated by an act of the general assembly of tbe State of Alabama, ten thousand dollars, as damages, for tbe failure to deliver certain goods, to-wit, twenty-tbree bales of cotton, received by him as a common carrier, to be delivered to Price, Francis & Co., at Montgomery, Alabama, for a reward;…
1Opinion of the CourtByrd, J.
1. In the case of Douglas v. Beasley, (40 Ala. 142,) this court held, that the word “ claims,” used in the forms of pleading prescribed by the Code, is not, of itself, a sufficient averment of ownership, in the plaintiff, to a promissory note payable to another; and that a judgment rendered on a complaint on such a note, with such an averment, by default, is reversible on appeal. I dissented in that case, but recognize my duty to conform my judicial action to that adjudication, at least, until it is overruled.
The first three counts of the complaint in this case employ no other averment of…
2Cases cited11 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Steele v. TownsendSupreme Court of Alabama · 1861
- Franklin v. StateSupreme Court of Alabama · 1856
- Ben v. StateSupreme Court of Alabama · 1861
- Douglas v. BeasleySupreme Court of Alabama · 1866
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Capehart v. Furman Farm Improvement Co.Supreme Court of Alabama · 1893
- Southern Express Co. v. CapertonSupreme Court of Alabama · 1870
- Cumberland Telegraph & Telephone Co. v. DooleyTennessee Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.