Strange v. Powell
Supreme Court of Alabama
Error to the Circuit Court of Macon. Before the Hon. N. Cook. This was an action of debt, brought by defendant, against plaintiff in error, on an award, with the common counts. The defendant below demurred to the first and second counts of thfe declaration, for want of profert of the award, but the court overruled the demurrer.
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Error to the Circuit Court of Macon. Before the Hon. N. Cook. This was an action of debt, brought by defendant, against plaintiff in error, on an award, with the common counts. The defendant below demurred to the first and second counts of thfe declaration, for want of profert of the award, but the court overruled the demurrer. He then pleaded as follows: The defendant, in short by consent, pleads — 1. The general issue. 2. The statute of limitations of six years, to each count. 3. The statute of limitations of three years, to each count. 4. Payment. 5. Set-off. Issue was taken on the first,…
1Opinion of the CourtDargan, J.
This was an action of debt, brought upon an award. The defendant demurred to the declaration, and the court overruled the demurrer. The defect in the declaration is supposed to be, in not making profert of the award, and for this omission, it is contended the declaration is bad. We will not inquire whether this declaration would be defective, even if tested by the most rigid rules of pleading at common law; for it is certain, that the omission to make profert of a deed, or any other instrument declared on, could only be taken advantage of by a special demurrer. Minor’s Rep. 123; Ib. 89. By…
2Cases cited2 opinions
- Glaze v. M'MillionSupreme Court of Alabama · 1838
- Abercrombie v. MoselySupreme Court of Alabama · 1839
3Cited by10 opinions
- Nebraska National Bank v. WalshSupreme Court of Arkansas · 1900
- City of Anniston v. DouglasSupreme Court of Alabama · 1948
- Rogers v. BrooksSupreme Court of Alabama · 1892
- Winter v. City CouncilSupreme Court of Alabama · 1885
- Hamilton v. GriffinSupreme Court of Alabama · 1898
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