Light v. Henderson
Supreme Court of Alabama
Appeal from Lowncles Circuit Court. Heard before Hoon. J. C. Richardson. Action by J. M. Light against Prank Henderson. Judgment for defendant, and plaintiff appeals.
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Appeal from Lowncles Circuit Court. Heard before Hoon. J. C. Richardson. Action by J. M. Light against Prank Henderson. Judgment for defendant, and plaintiff appeals. The following pleas were filed to the complaint: “(2) That, to wit, during the month of November, 1907, defendant turned over and delivered to plaintiff 1,006 pounds of lint cotton, of the value of $125, and two hoes, of the value of $1.50, and four plows, of the value of $15, and 2,000 pounds of cotton seed, of the value of $20, and 50 bushels of corn, of the value of $40, and that, to wit, during the months of November and…
1Opinion of the CourtAnderson, J.
The rule of common law was that a plea of set-off must disclose a state of facts such as *203would entitle the party pleading to an action, if he were suing as plaintiff.- — Crawford v. Simonton, 7 Port. 110. It must have containel the substance at least of a declaration. — Waterman on Set-Off, 598. The certainty and formality requisite in a declaration was not necessary, but the debt or demand must have been described by amount, the time of its making, its character, and the facts fixing the liability therefor on the plaintiff.— Sledge v. Swift, 53 Ala. 110. While our statute enlarges the…
2Cases cited3 opinions
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Crawford v. Executors of SimontonSupreme Court of Alabama · 1838
- Meyer v. BlochSupreme Court of Alabama · 1903
3Cited by1 opinion
- Bullard Car Door Equipment Co. v. Oak Leaf Coal Co.Alabama Court of Appeals · 1913