Williams v. Harper
Supreme Court of Alabama
Writ of error to the Circuit Court of Russell County. ACTION of debt. The declaration is to the following effect: “ John J. Harper complains of Wesley Williams in a plea, that he renderto him the sum of twenty-five hundred dollars, with interest thereon, which he, the said defendant owes to and unjustly detains from him, the said plaintiff.
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Writ of error to the Circuit Court of Russell County. ACTION of debt. The declaration is to the following effect: “ John J. Harper complains of Wesley Williams in a plea, that he renderto him the sum of twenty-five hundred dollars, with interest thereon, which he, the said defendant owes to and unjustly detains from him, the said plaintiff. For that whereas, the said defendant heretofore, to wit: on the 7th day of December, 1836, by his certain writing obligatory, sealed with his seal and now to the court here shewn, the date whereof is the day and year aforesaid, acknowledged himself held…
1Opinion of the CourtGoldthwaite, J.
— 1. We think this declaration is substantially good, without considering the view taken of the obligation as presenting distinct and independent stipulations; one secured by a penalty, and the other standing unsecured, as a mere promise to pay a sum certain on a particular contingency.
It will be perceived that the obligation, if correctly set out, is not drawn in a very artificial manner, and from this circumstance, it is not unlikely the pleader was embarrassed in ascertaining precisely what was meant by the parties; instead therefore, of setting out only the legal effect of the obligation,…
2Cited by5 opinions
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- Johnson v. CollinsSupreme Court of Alabama · 1850
- Kendall v. CornellisonSupreme Court of Alabama · 1955
- Burt v. HenrySupreme Court of Alabama · 1846
- Fitzpatrick v. HanrickSupreme Court of Alabama · 1847