Wright v. Evans
Supreme Court of Alabama
Appeal from Circuit Court of Butler. Tried before Hon. P. O. Harper. Appellants intestate brought suit to the spring term, 1870, of the circuit court, against W. V. Evans, and Uriah Evans, claiming damages of the defendants, for breach of a written agreement made by them with one Edward Bowen, on the 7th of November 1868, whereby they promised to pay said Bowen, or order, by the first day of January 1870, seven hundred and forty-one dollars, “to be paid in lint cotton at 20…
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Appeal from Circuit Court of Butler. Tried before Hon. P. O. Harper. Appellants intestate brought suit to the spring term, 1870, of the circuit court, against W. V. Evans, and Uriah Evans, claiming damages of the defendants, for breach of a written agreement made by them with one Edward Bowen, on the 7th of November 1868, whereby they promised to pay said Bowen, or order, by the first day of January 1870, seven hundred and forty-one dollars, “to be paid in lint cotton at 20 cents per pound,” &c., at Greenville, Ala., which agreement had been duly transferred, &c. A second count of the…
1Opinion of the CourtBrickell, C. J.
Matter in abatement, or in bar of a suit, arising after plea pleaded, or issue joined, or as it is technically called, since the last continuance, at common law, if introduced as a defence, was not a departure from, but a waiver of the first plea, of which no advantage could after-wards be taken, nor could the plaintiff proceed thereon. Its tendency therefore, by presenting a new issue, was to delay the cause, and because of this, the court would not receive it, or permit it filed, if it consisted of matters en pais, until satisfied of its truth. 1 Chit. PI. 659; McCall v. McRae, 10 Ala. 313.…
2Cases cited13 opinions
- Read v. WalkerSupreme Court of Alabama · 1850
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- Bozeman v. GilbertSupreme Court of Alabama · 1840
- Johnson v. CunninghamSupreme Court of Alabama · 1840
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rentschler v. Missouri Pacific RailroadNebraska Supreme Court · 1934
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- Capps v. NordenSupreme Court of Alabama · 1954
- Nelson v. McCrarySupreme Court of Alabama · 1877
- Western Assurance Co. v. Hall & BrotherSupreme Court of Alabama · 1895
13 more not listed; retrieve them via the Exa API.