Young v. Arntze & Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This action was brought by George Arntze & Brothers, suing as partners, against "W. J. Young, Henry T. Bracken, and Martin L.' Bracken; and was commenced on the 8th July, 1885. The original complaint contained four counts, the 2d, 3d and 4th being the common counts, on account, on account stated, and for goods sold and delivered; and the 1st a special count, in substance as follows: Plaintiffs claim…
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This action was brought by George Arntze & Brothers, suing as partners, against "W. J. Young, Henry T. Bracken, and Martin L.' Bracken; and was commenced on the 8th July, 1885. The original complaint contained four counts, the 2d, 3d and 4th being the common counts, on account, on account stated, and for goods sold and delivered; and the 1st a special count, in substance as follows: Plaintiffs claim of defendants $1,120 due from them on or about January 15th, 1885, and plaintiffs aver that, on the 9th February, 1884,…
1Opinion of the CourtSomerville, J.
The allowance by the court of the amendment to the complaint was free from error. Upon the sustaining of the demurrer to the original complaint, based on the misjoinder of counts, all the counts except the first were stricken out, in order to conform to the ruling of the court on the demurrer. The new count, added by way of amendment, w§.s for an alleged breach of the contract sued on; and so was the first count, although its averments may have been informal and defective. These defects, if any, should have been taken advantage of by demurrer, not by motion to strike, which was properly…
2Cases cited7 opinions
- Tabor v. PetersSupreme Court of Alabama · 1883
- Moses v. Katzenberger & SonsSupreme Court of Alabama · 1887
- Sledge v. ScottSupreme Court of Alabama · 1876
- Eagan Co. v. JohnsonSupreme Court of Alabama · 1886
- Brown v. Freeman & BynumSupreme Court of Alabama · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Hafer v. ColeSupreme Court of Alabama · 1912
- Beatty v. PalmerSupreme Court of Alabama · 1916
- Hammond v. Ocean Shore Development Co.California Court of Appeal · 1913
- Stone v. WalkerSupreme Court of Alabama · 1917
- Butler v. Guaranty Savings & Loan Ass'nSupreme Court of Alabama · 1948
20 more not listed; retrieve them via the Exa API.