M'Voy v. Wheeler
Supreme Court of Alabama
Error from the Circuit court of Mobile county. Action of covenant. Plaintiffs declared against.defendant, in a plea of covenant broken: for that, whereas, on a day certain, by an indenture made between the plaintiffs of the one part, and the defendant of the other part, (which indenture, sealed with the seals of the said parties, the plaintiffs brought into court,) the said plaintiffs, in consideration of a large sum of money, to be paid as thereinafter mentioned, agreed…
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Error from the Circuit court of Mobile county. Action of covenant. Plaintiffs declared against.defendant, in a plea of covenant broken: for that, whereas, on a day certain, by an indenture made between the plaintiffs of the one part, and the defendant of the other part, (which indenture, sealed with the seals of the said parties, the plaintiffs brought into court,) the said plaintiffs, in consideration of a large sum of money, to be paid as thereinafter mentioned, agreed with defendant, that James Wheeler and Levi C. M’-Cormick, should, within the space of five months, from the first day of…
1Opinion of the CourtCollier, C. J.
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Several questions were raised in ¡the Circuit court, upon the demurrers to the declaration and pleas, which were so disposed of, as to make it necessary for an issue of fact to be tried by the jury, who found a verdict for the plaintiffs, on which judgment was rendered. At the trial, a bill of exceptions was taken by the defendant below, who prosecutes a writ of error to this court, and assigns the judgment on the demurrers, and the decision of the court excepted to, as causes for reversal.
We shall only consider the sufficiency of the declaration, which presents the question, whether an…
2Cases cited1 opinion
- Langworthy & Clark v. SmithNew York Supreme Court · 1829
3Cited by4 opinions
- Dermott v. JonesSupreme Court of the United States · 1860
- Barelli v. O'ConnerSupreme Court of Alabama · 1844
- Aikin v. BloodgoodSupreme Court of Alabama · 1847
- Sorrell v. CraigSupreme Court of Alabama · 1845