Mardis' Adr's v. Shackleford
Supreme Court of Alabama
Whit of Error to the Circuit Court of Talladega. This was an action of assumpsit by the defendant in error against the plaintiffs. The declaration contains six counts, to each of which there was a demurrer, which was sustained as to the fourth and overruled as to the others. The sufficiency of the third count alone is now drawn in question.
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Whit of Error to the Circuit Court of Talladega. This was an action of assumpsit by the defendant in error against the plaintiffs. The declaration contains six counts, to each of which there was a demurrer, which was sustained as to the fourth and overruled as to the others. The sufficiency of the third count alone is now drawn in question. That count alledges, that m consideration of the employment of the intestate as attorney and counsel to collect sundry notes and accounts, which are described, the intestate undertook, &c. to proceed without delay in the collection of the same.…
1Opinion of the CourtCollier, C. J.
It is supposed by the counsel of the plaintiffs in error that the demurrer should have been sustained to the third count of the declaration; because, as he insists, it is both in assumpsit and case. This argument cannot be maintained. The count alledges, that the intestate, as an Attorney at Law, undertook to collect sundry notes and accounts, and concludes that he negligently failed to perform his undertaking, &c. True, in failing to perform his promise, he is charged with “ contriving to deceive and defraud;” but these words are mere expletives, and add neither force or beauty to the…
2Cases cited5 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Rathbun v. IngalsNew York Supreme Court · 1831
- Taylor v. BatesNew York Supreme Court · 1826
- Winlock v. HardyCourt of Appeals of Kentucky · 1823
- Jinkins v. NoelSupreme Court of Alabama · 1830
3Cited by26 opinions
- Cooke v. Holland Furnace Co.Michigan Supreme Court · 1918
- Kelly v. ShropshireSupreme Court of Alabama · 1917
- Dothard v. DensonSupreme Court of Alabama · 1882
- Landers v. BoltonCalifornia Supreme Court · 1864
- Russell & Co. v. Polk County Abstract Co.Supreme Court of Iowa · 1893
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