Pettigrew v. Pettigrew
Supreme Court of Alabama
Harriett G. Pettigrew, an infant, by her guardian, brought an action of debt in Greene Circuit Court, against John Pettigrew, to recover a legacy’. The writ was agninstthe defendant without naming him as executor, and was endorsed to recover a legacy bequathed to her by her father, of whom the defendant was execut.or. The-declaration contained two counts.
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Harriett G. Pettigrew, an infant, by her guardian, brought an action of debt in Greene Circuit Court, against John Pettigrew, to recover a legacy’. The writ was agninstthe defendant without naming him as executor, and was endorsed to recover a legacy bequathed to her by her father, of whom the defendant was execut.or. The-declaration contained two counts. The commencement was against the defendant generally, “ that he render unto said plaintiff the sum of $1,600, which he owes, to and from her unjustly detains.” The first count averred that E. Pettigrew, in March, 1821, in South Carolina, by…
1Opinion of the Court
By JUDGE WHITE.
It is insisted in the first place, that there is a misjoin-der of counts ; that the defendant below is charged in the first count as executor, and in the second in his individual character. Chitty, in his first, volume, b says that the question of misjoinder of counts depends on the form of the action, rather than on its subject matter; and that when either the same plea may be plead to all the counts, or the same judgement may be rendered on them all, though they may require different pleas, they may be joined. Again, in Cowper’s Reports,c Justice Buller, in 'stating the…
2Cited by4 opinions
- Bank of Mobile v. HugginsSupreme Court of Alabama · 1841
- Webb v. LitzAlabama Court of Appeals · 1958
- Gause v. HughesSupreme Court of Alabama · 1839
- Judge of Madison County Court v. LooneySupreme Court of Alabama · 1832