McLeod v. Powe
Supreme Court of Alabama
Writ of Error to tlie Circuit Court of Wilcox. Assumpsit by McLeod, as the executor of K. G. Gordon, against Powe & Smith.
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Writ of Error to tlie Circuit Court of Wilcox. Assumpsit by McLeod, as the executor of K. G. Gordon, against Powe & Smith. The cause of action set forth in the declaration is this: On the 7th February, 1842, the marshal of the United States for the southern district of Alabama, having an execution in hand issued from the circuit court for that district, in favor of one Clapp for $3558, with interest from the 4th January, 1838, against one A. K. Smith, levied the same on certain slaves as his property. Whilst the slaves were thus under levy, Gordon, in consideration of the natural love and…
1Opinion of the CourtGoldthwaite, J.
1. The pleader here, instead of relying on the general allegations that the defendants have received money to his use or admitted their indebtedness by an account stated, has preferred to state the facts from which, he deduces their indebtedness as a legal conclusion. We are not aware of any sufficient reason why this course may not be pursued, as, when all is said against it, no other question is presented by the denyrrrer.than would be if the same facts were shown in evidence and a general charge demanded as to their snfficiency to entitle the plaintiff to recover on the common counts. We…
2Cases cited2 opinions
- Sewall v. HenrySupreme Court of Alabama · 1846
- Lamb v. LathropNew York Supreme Court · 1834
3Cited by5 opinions
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- Swift v. SwiftSupreme Court of Alabama · 1860
- Murphy v. BarefieldSupreme Court of Alabama · 1855
- Reese v. BeckSupreme Court of Alabama · 1854
- Hottellet v. American Corn Milling Co.Appellate Court of Illinois · 1911