Rodgers' Adm'r v. Brazeale
Supreme Court of Alabama
Appeal from the- Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by James K. Brazeale, against tbe administrator of Mrs. Malinda J. Rodgers, deceased.
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Appeal from the- Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by James K. Brazeale, against tbe administrator of Mrs. Malinda J. Rodgers, deceased. The original complaint was in these words : “The plaintiff claims of the defendant one hundred and eighty-five dollars, due from the defendant’s intestate by account made by her during the years 1853, 1854,, and 1855, for goods, wares and merchandise sold and delivered to her in her life-time, at her special instance and request; which sum of money, with the interest thereon, is now due and unpaid.” “ The…
1Opinion of the Court
E. W. "WALKER, J.
1. The judgment entry informs us, that tbe “plaintiff amended bis complaint by filing an additional count.” Tbe complaint, as amended, consisted therefore of tbe‘original’ aud-tbe ‘additional’ counts; and tbe demurrer being to tbe amended complaint, was properly overruled, if either count was good, or was free from tbe specific objections pointed out by tbe demurrer. *515Ferguson v. Baber, 24 Ala. 402. Neither of the causes specified in the demurrer applies to the original count, and there was, therefore, no error in .overruling it. — Code, § 2253; Morton v. Bradley, 27 Ala. 640…
2Cases cited6 opinions
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- McKenzie v. JacksonSupreme Court of Alabama · 1842
- Ferguson v. Baber's Adm'rsSupreme Court of Alabama · 1854
- Stein v. AshbySupreme Court of Alabama · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
- Janney v. BuellSupreme Court of Alabama · 1876
- Carter v. Long Bros.Supreme Court of Alabama · 1899
- Hopkinson v. SheltonSupreme Court of Alabama · 1861
- Cauly v. BlueSupreme Court of Alabama · 1878
8 more not listed; retrieve them via the Exa API.