M'Kenzie v. Connor
Supreme Court of Alabama
M‘Kenzie and Bennock brought an action of debt in the Circuit Court of Marengo county, against Connor, to recover on the exemplification of a record of recovery by them in the State of Georgia.
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M‘Kenzie and Bennock brought an action of debt in the Circuit Court of Marengo county, against Connor, to recover on the exemplification of a record of recovery by them in the State of Georgia. The debt demanded in the writ was *5266 62§, and §100 damages for the detention The endorsement on the writ stated, that the action was brought to recover of the defendant the amount of a judgement rendered in the Inferior Court of Jasper county, Georgia, in favor of the plaintiffs against the defendant, for the sum of $200 principal, $13 50 interest and Si 3 12§ costs. The declaration alleged a…
1Opinion of the Court
By JUDGE SAFFOLD.
In sustaining- the demurrer the Court is charged to have erred. Without any inquiry into the effect of the variance between the writ or the endorsement thereon, and the declaration, or the necessity of oyer, it will be sufficient to notice the variance and contradiction in the declaration itself, in as much as it can derive no aid or certainty by reference to the writ and endorsement.
The action of debt was only for the recovery of a specific sum in numeroThe pleadings must contain sufficient certainty to enable the Court to render final judgement thereon for the sum.demanded,…
2Cited by1 opinion
- Jemison v. Planters' & Merchants' BankSupreme Court of Alabama · 1853