Smith v. Dick
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lee. Tried before tlie Hon. Jesse M. Cabmichael. There is no bill of exceptions in this case, and the record is very defective. The action was commenced by a summons issued March 9, 1889, by “J. T. Norman, ex off.
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Appeal from tbe Circuit Court of Lee. Tried before tlie Hon. Jesse M. Cabmichael. There is no bill of exceptions in this case, and the record is very defective. The action was commenced by a summons issued March 9, 1889, by “J. T. Norman, ex off. J. P.,” entitled “N. P. Gourt, Beat No. 2,” directed “to any sheriff of Lee county,” and commanding him to “summon A. J. Smith & Go., to appear at the next term of the N. P. Court to be held for Beat No. 2,” to answer the complaint of C. W. Dick. The accompanying complaint, or statement of the cause of action, entitled G. W. Dick v. A. J. Smith, was…
1Opinion of the CourtWalker, J.
1. The second count of the complaint follows substantially one of the Code forms for the common counts, the claim being for “one hundred dollars for a mule that plaintiff sold to the defendant.” In one of the Code forms the language is, “for merchandise, goods and chattels sold by the plaintiff to the defendant,” Ac.- — Code of 1886, p. 792. “The declaration or statement, in case of appeal from a justice of the peace, is not subject to the technical rules of pleading. If it shows in general terms a debt due, or contract to be performed and a breach, it is sufficient.” 1 Brick. Dig., 114, §…
2Cases cited3 opinions
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3Cited by9 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Thomas v. StateSupreme Court of Alabama · 1907
- Snedecor v. PopeSupreme Court of Alabama · 1904
- Kirkland v. PilcherSupreme Court of Alabama · 1911
- Armstrong v. WalkerSupreme Court of Alabama · 1917
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