Burns v. Reeves
Supreme Court of Alabama
Appeal from City Court of Gadsden. ■Heard before the Hon. John H. Cisque. This action was brought by the appellee Jake Reeves, against the appellant, Aquilla Burns, to recover the statutory penalty of $200 for the defendant’s failure within thirty days after having been requested in writing to enter on the margin of the record of mortgage, the dates and amounts of partial payments made on a certain existing mortgage executed by plaintiff to defendant.
Read the full summary
Appeal from City Court of Gadsden. ■Heard before the Hon. John H. Cisque. This action was brought by the appellee Jake Reeves, against the appellant, Aquilla Burns, to recover the statutory penalty of $200 for the defendant’s failure within thirty days after having been requested in writing to enter on the margin of the record of mortgage, the dates and amounts of partial payments made on a certain existing mortgage executed by plaintiff to defendant. The complaint, as amended, was .in words and figures as follows: “The plaintiff claims of the defendant two hundred dollars due from said…
1Opinion of the Court
TYSON, J/
We do not understand that a complaint should set out the evidential facts upon which a plaintiff relies for recovery. All that is required is that its averments shall be sufficiently intelligible as to *130matters put in issue, so that a material issue can be taken upon them: — Code, § 3285. The court properly overruled the demurrer to the complaint as amended.
The statute not prescribing the remedy to be pursued for ttye recovery of the penalty sued for, the common law principle applies, that when a statute gives a penalty and provides no remedy for its recovery, an action of debt is the…
2Cases cited21 opinions
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
- Barnet v. National BankSupreme Court of the United States · 1879
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Holley v. YoungeSupreme Court of Alabama · 1855
- Gibson v. MarquisSupreme Court of Alabama · 1857
16 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sloss-Sheffield Steel & Iron Co. v. GreekSupreme Court of Alabama · 1924
- Debter v. HenrySupreme Court of Alabama · 1905
- Hooper v. HerringAlabama Court of Appeals · 1913
- King v. Ben F. Barbour Plumbing & Electric Co.Alabama Court of Appeals · 1911
- Kelly v. JohnsonSupreme Court of Alabama · 1900