Elliott v. Kitchens
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This was an action brought by the appellant against the appellee, and was commenced in a justice of the. peace court. Upon judgment being rendered by the justice of the peace for the plaintiff, the defendant appealed to the circuit court. ' The complaint contained two counts.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This was an action brought by the appellant against the appellee, and was commenced in a justice of the. peace court. Upon judgment being rendered by the justice of the peace for the plaintiff, the defendant appealed to the circuit court. ' The complaint contained two counts. The first count of the complaint claims damages in the sum of fifty dollars, for that on the 5th day of August, 1895, the defendant was the owner or keeper of a horse which was vicious, mischievous and accustomed to do mischief, and the said…
1Opinion of the CourtHead, J.
Each count of the complaint contains a substantial cause of action.' In other words, it would support'a judgment by default. This is true upon the *549facts stated, without regard to the legal effect of the ordinance mentioned in the second count, upon the plaintiff's right of action. The sufficiency of the counts upon demurrer is not before us, and we cannot properly pass upon the questions touching that subject, discussed ]>y appellant’s counsel. • We will remark, however, that it is well settled that deipurrer is not the proper method of determining what is a proper measure of damage. If the…
2Cases cited2 opinions
- Russell v. ConeSupreme Court of Vermont · 1874
- Smith v. K. C. St. J. & C. B. R. Co.Supreme Court of Iowa · 1882
3Cited by5 opinions
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- Clark v. MooreSupreme Court of Alabama · 1976
- Donley v. FowlerMichigan Supreme Court · 1907
- Randle v. PayneAlabama Court of Appeals · 1958
- Randle v. PayneAlabama Court of Appeals · 1958