Snow & Co. v. Ray
Supreme Court of Alabama
Error to Tuscaloosa County Court. This suit was commenced before a justice of the peace, and carried by appeal to the County Court of Tuscaloosa county; Charles Snow & Co. were the plaintiffs before the justice.
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Error to Tuscaloosa County Court. This suit was commenced before a justice of the peace, and carried by appeal to the County Court of Tuscaloosa county; Charles Snow & Co. were the plaintiffs before the justice. In the County Court, the plaintiffs filed a statement, setting forth the persons composing the firm of Charles Snow & Co. To this the defendant pleaded in abatement, that the promise was made to the persons composing the mercantile firm, and not with Charles Snow individual! y, as alledged in the warrant. To this plea there-was a demurrer, which does not appear to have been disposed…
1Opinion of the CourtOrmond, J.
— Great indulgencies have always been shown by this Court, to the proceedings before a justice of the peace. Substance is all that is required — form is entirely disregarded. The designation of the firm name in the warrant, conveyed to the defendant all the information it was necessary he should have, to enable him to make his defence. In the County Court, the proceedings assume more regularity, and the names of the parties composing the firm are set out at length. This was all that was necessary, and no exception should have been allowed for the supposed defect in the warrant. This point was…
2Cited by4 opinions
- Ortez v. Jewett & Co.Supreme Court of Alabama · 1853
- Couch v. AtkinsonSupreme Court of Alabama · 1858
- Stockdale v. Riddle & Co.Supreme Court of Alabama · 1853
- Paulhaus & Paul v. LeberSupreme Court of Alabama · 1875