Higdon v. Fields
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by W. M. Fields against E. L. Higdon, and others, for damages for failure to levy an attachment. Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by W. M. Fields against E. L. Higdon, and others, for damages for failure to levy an attachment. Judgment for plaintiff and defendant appeals. The court erred in overruling demurrer to the complaint. — 4 Minor’s Institute, 670; 35 Cyc. 1632; Governor v. Campbell, 17 Ala. 566; Montgomery v. The State, 53 Ind.; Griffin v. Ganaway, 6 Ala. 148; 35 Cyc. 1978 Counsel discusses the error in striking his plea, but cites no authority in support thereof. The court erred in permitting the record of Kelly’s assessment for 1908, to…
1Opinion of the CourtWalker, P. J.
In view of the emphatic declarations accompanying the announcement of recent rulings on the subject, it is not believed that anything more than a reference to some of the controlling authorities is called for in stating the propositions, that, when the gravamen of the action is the alleged nonfeasance or misfeasance of another, the complaint must show the existence of a relation between the parties out of which arises a duty owing from the defendant to the plaintiff, and that the modern practice- of recognizing that a breach of the duty so shown may sufficiently be averred by the use of…
2Cases cited8 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Governor v. CampbellSupreme Court of Alabama · 1850
- Republic Iron & Steel Co. v. WilliamsSupreme Court of Alabama · 1911
- Alabama Consolidated C. & I. Co. v. HammondSupreme Court of Alabama · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Johnson v. HerringMontana Supreme Court · 1931
- Illinois Cent. R. Co. v. ElliottAlabama Court of Appeals · 1919
- Newcomb Bros. Wall Paper Co. v. WigginsSupreme Court of Alabama · 1918
- Drennen Motor Car Co. v. WebbSupreme Court of Alabama · 1933
- Higdon v. FieldsAlabama Court of Appeals · 1917
1 more not listed; retrieve them via the Exa API.