Mardis' Adm'rs v. Shackleford
Supreme Court of Alabama
Writ 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 eight counts, on the first six of which, issues of fact were joined, and to the seventh and eighth, the defendants demurred seriatim.
Read the full summary
Writ 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 eight counts, on the first six of which, issues of fact were joined, and to the seventh and eighth, the defendants demurred seriatim. The seventh count alleges that the defendant’s intestate was an attorney at law, practicing in the several inferior and superior courts of this State, and at his request the plaintiff placed in his hands obligations and evidences of debt due from divers persons resident in the same, amounting in the…
1Opinion of the CourtCollier, C. J.
1. It is not essential to the sufficiency of the declaration, that it should state the names, residence, &c. of the creditors of Burke, Shackleford & Co., to whom the intestate undertook to pay the money realized upon the claims placed in his hands for collection. There is nothing in the statement of the cause of action, to show that the creditors were designated, or that the undertaking was not, generally, to pay the money as collected, to those to whom Messrs B. S. & Co. were indebted. If *436the intestate had desired the information necessary to enable him to appropriate the money, ho should…
2Cases cited2 opinions
- Rider v. RobbinsMassachusetts Supreme Judicial Court · 1816
- Maupay v. HolleySupreme Court of Alabama · 1841
3Cited by8 opinions
- Mattingly v. HoustonSupreme Court of Alabama · 1909
- Bryant v. Southern Railway Co.Supreme Court of Alabama · 1902
- Thornton v. MooreSupreme Court of Alabama · 1878
- Anniston Electric & Gas Co. v. ElwellSupreme Court of Alabama · 1905
- Webb v. LitzAlabama Court of Appeals · 1958
3 more not listed; retrieve them via the Exa API.