Deshler v. Hodges
Supreme Court of Alabama
Writ of error to the Circuit Court of Franklin. THE defendant in error declared against the plaintiff, for money had and received, goods, wares and merchandise, sold and delivered, and on a promissory note.
Read the full summary
Writ of error to the Circuit Court of Franklin. THE defendant in error declared against the plaintiff, for money had and received, goods, wares and merchandise, sold and delivered, and on a promissory note. The defendant pleaded non assumpsit, and a special plea, as follows: “And for a further plea iri this behalf, the defendant comes and craves oyer of the promissory note and endorsements sued on, which are read to him in the following words: $269 97. On or before the first of July next, I prb- . mise to pay Willis Hodges, the just, and full sum of two hundred and sixty-nine dollars arid…
1Opinion of the CourtCollier, C. J.
The act of 1824, “t^ at common law,” is certainly very liberal if acting among other things, that “ no demurred other effect, than that of a general demurrer;” and iffhe only objection to the second plea, was duplicity and argumentativeness, we should be prepared to say, that the judgment of the Circuit Court was erroneous. But it is insisted, that the plea is defective, because it does not present a defence to the entire declaration.. It is a rule in pleading, that every plea must answer the whole declaration, or all that it assumes in the introductory part to answer. Where a plea begins as…
2Cases cited2 opinions
- Lazarus v. ShearerSupreme Court of Alabama · 1841
- Phelps & Ladd v. SowlesNew York Supreme Court · 1838
3Cited by8 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Broughton v. BradleySupreme Court of Alabama · 1859
- Bryan v. WilsonSupreme Court of Alabama · 1855
- Galbreath v. ColeSupreme Court of Alabama · 1878
- Stein v. AshbySupreme Court of Alabama · 1857
3 more not listed; retrieve them via the Exa API.