Wharton v. Franks
Supreme Court of Alabama
Error to the Circuit court of Jefferson. Debt on judgment — tried by Chapman, J. In this case, the endorsement on the writ stated the cause of action, to be a judgment for one hundred and fifty dollars and sixty-five cents, recovered on a day mentioned by plaintiff, of defendant, in South Carolina. The declaration contained two counts.
Read the full summary
Error to the Circuit court of Jefferson. Debt on judgment — tried by Chapman, J. In this case, the endorsement on the writ stated the cause of action, to be a judgment for one hundred and fifty dollars and sixty-five cents, recovered on a day mentioned by plaintiff, of defendant, in South Carolina. The declaration contained two counts. The first was.in the usual form of declarations in debt on foreign judgment, and stated the amount of the judgment to be one hundred and fifty-five dollars and sixty-eight cents. The second count alleged that defendant was indebted to plaintiff in a further sum…
1Opinion of the CourtGoldthwaite, J.
The plea in abatement denies, in effect, the legal sufficiency of the first count of the declaration, to charge the defendant, because it does not precisely correspond with the endorsement on the writ. By pleading this matter in avoidance of the action, as instituted, the defendant insists, that he has the right to compel the plaintiff to declare against him for a cause of action previously, and specifically described. It is obvi*234ous, that if this plea is allowed, it will be idle to talk of the discretionary power of the courts to allow amendments of the declaration, as without the consent of…
2Cited by4 opinions
- Sexton v. RoneSupreme Court of Alabama · 1845
- English v. BrownSupreme Court of Alabama · 1846
- Murphree Ins. Agency v. PinningtonSupreme Court of Alabama · 1918
- Stephenson v. RoperSupreme Court of Alabama · 1843