Elliott v. Smith & Co. ex rel. Harralson
Supreme Court of Alabama
J. S. Smith 8,' Co. for the use of Hugh A. Harralson, caused to be issued a writ of capias ad respondendum against the plaintiff in error, returnable to the CircuiCCourt of Russell, and endorsed as the cause of action, a copy of a promissory note, as follows: “$306 25-100ths. Due J. S. Smith & Co. or bearer, three hundred and six and twenty-live hundredths dollars, value rec’d. Columbus, Jan’y. 18th, 1S37. G. W. ELLIOTT.”
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J. S. Smith 8,' Co. for the use of Hugh A. Harralson, caused to be issued a writ of capias ad respondendum against the plaintiff in error, returnable to the CircuiCCourt of Russell, and endorsed as the cause of action, a copy of a promissory note, as follows: “$306 25-100ths. Due J. S. Smith & Co. or bearer, three hundred and six and twenty-live hundredths dollars, value rec’d. Columbus, Jan’y. 18th, 1S37. G. W. ELLIOTT.” The declaration, instead of using the name of the nominal plaintiffs in the writ, made Hugh A. Harralson, the sole plaintiff. In the writ, the plaintiff’s damages are laid…
1Opinion of the CourtCollier, C. J.
— 1. In Boddie v. Ely, (3 Stewt. Rep. 182) it was determined that though the declaration omit to lay damages, yet if they are laid in the writ, the omission is not an available objection, on error. The declaration was amendable in the Court below, and will here be considered as amended. But we need not place our opinion on the ground taken in that case. In the case at bar, the cause of action is a legal liability certain and defined, and the damages, being the statute rate of interest, ean’not be exceeded; and consequently, the right to recover them, cannot upon any correct principle of…
2Cited by8 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Davis Avenue Railroad v. MallonSupreme Court of Alabama · 1876
- Kennedy v. YoungSupreme Court of Alabama · 1854
- Bancroft v. StantonSupreme Court of Alabama · 1845
- Eggleston v. WilsonSupreme Court of Alabama · 1924
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