Hunt v. Test
Supreme Court of Alabama
Error to the County Court of Mobile. Assumpsit by the defendant against the plaintiffin error. The declaration consists of two special counts, framed upon an alledg-ed contract in writing, and also the common counts. The defendant pleaded non-assumpsit, and also the same plea with an affidavit, “ that the paper sued upon by the said John Test,” is not his act and deed. This plea the plaintiff demurred to, and the Court overruled the dpmurrer.
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Error to the County Court of Mobile. Assumpsit by the defendant against the plaintiffin error. The declaration consists of two special counts, framed upon an alledg-ed contract in writing, and also the common counts. The defendant pleaded non-assumpsit, and also the same plea with an affidavit, “ that the paper sued upon by the said John Test,” is not his act and deed. This plea the plaintiff demurred to, and the Court overruled the dpmurrer. The defendant also demurred to the first and second counts of the declaration, which was overruled by the Court, and upon the verdict of the jury upon…
1Opinion of the CourtOrmond, J.
The principal question in the cause is, the legality of the contract, which has been assailed by the de-' fendant’s counsel, as contrary to public policy. It appears that M. Eslava was urging on Congress the confirmation of a claim derived from the Spanish government, for 5,787 acres of land in the neighborhood of Mobile, and one Gazzam, and the -plaintiff in-error, asserted a right to a portion of the same land, which would be prejudiced by the confirmation of Eslava’s claim. The undertaking of the defendant in error, was, to proceed to Washington City, “ and to do all in his power to…
2Cases cited6 opinions
- Lazarus v. ShearerSupreme Court of Alabama · 1841
- Wood v. McCannCourt of Appeals of Kentucky · 1838
- McWhorter v. LewisSupreme Court of Alabama · 1842
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- M'Alpin v. MaySupreme Court of Alabama · 1828
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3Cited by17 opinions
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- Thomason v. DillSupreme Court of Alabama · 1857
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