Guilford & Co. v. Kendall
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before Hon. H. D. Clayton. The appellants instituted their suit against the appellee on the 15th January, 1867. The complaint is as follows: “ Plaintiffs claim of the defendant $5,000, due as damages for a trespass by him in the month of June, 1866, on a stock of goods, held and owned by plaintiffs at that time, and kept in the following storehouse, to-wit, the brick store of E. C. Joyce, now occupied by him as a place of…
Read the full summary
Appeal from the Circuit Court of Barbour. Tried before Hon. H. D. Clayton. The appellants instituted their suit against the appellee on the 15th January, 1867. The complaint is as follows: “ Plaintiffs claim of the defendant $5,000, due as damages for a trespass by him in the month of June, 1866, on a stock of goods, held and owned by plaintiffs at that time, and kept in the following storehouse, to-wit, the brick store of E. C. Joyce, now occupied by him as a place of business, in the city of Eufaula, and situated on the south side of Broad street, three doors east of the corner formerly…
1Opinion of the CourtByrd, J.
I. The distinctions existing at common law between the actions of trespass vi et armis and on the case, have not been abolished by the Code, and a count in each can not be joined in the same action. — Bell’s Adm’r v. Troy, 35 Ala. 202.
II. Whether the complaint in this cause is in trespass or in case, it is unnecessary to decide, if either of the assignments of demurrer is well taken; for where several grounds of demurrer are specified, and the court sustains them all, although some are not well assigned, and the plaintiff declines to amend the complaint, and the court thereupon gives judgment…
2Cited by6 opinions
- Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888
- Kingsbury v. MilnerSupreme Court of Alabama · 1881
- Munter & Faber v. RogersSupreme Court of Alabama · 1874
- Opelika Montgomery Fair Co. v. WrightSupreme Court of Alabama · 1951
- Tobias v. Josiah Morris & Co.Supreme Court of Alabama · 1901
1 more not listed; retrieve them via the Exa API.