Morrison v. Taylor
Supreme Court of Alabama
ERROR to the Circuit Court of Cherokee. The record does not show tbe name of tbe presiding judge. Assumpsit by tbe defendant in error against John H. Morrison and Abraham Eowden, as to the'latter of whom tbe suit was discontinued, process not having been served upon him. Tbe suit was commenced in tbe County Court, and removed by writ of error to the Circuit Court.
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ERROR to the Circuit Court of Cherokee. The record does not show tbe name of tbe presiding judge. Assumpsit by tbe defendant in error against John H. Morrison and Abraham Eowden, as to the'latter of whom tbe suit was discontinued, process not having been served upon him. Tbe suit was commenced in tbe County Court, and removed by writ of error to the Circuit Court. The plaintiff sues to recover contribution, for money paid by him on two notes, for forty-five dollars each, payable to tbe administrators of Eandolpb Allsap, which bad been reduced to judgment, and on which Morrison, Eowden and…
1Opinion of the CourtChilton, C. J.
— We will notice the assignments of error in their order:
*7811. The first is, that the court erred in refusing to strike out the third and fourth counts of the declaration, for a supposed variance. These were the common counts. It has been several times ruled bj this court, that a variance between the cause of action endorsed on the writ and the declaration must be total, and amount to a radical departure, to authorize the court to reject the declaration. Tenison v. Martin, 13 Ala. 21, and cases there cited. There is no such departure in the counts before us, and the motion to strike out was…
2Cases cited5 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Posey v. Decatur BankSupreme Court of Alabama · 1848
- Tenison v. MartinSupreme Court of Alabama · 1848
- Ainsworth v. PartilloSupreme Court of Alabama · 1848
- Bezzell v. WhiteSupreme Court of Alabama · 1848
3Cited by4 opinions
- Glasscock v. HamiltonTexas Supreme Court · 1884
- Corbitt v. ReynoldsSupreme Court of Alabama · 1880
- Hartwell v. WhitmanSupreme Court of Alabama · 1860
- Powell v. YoungSupreme Court of Alabama · 1874