Newsom v. Huey
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. John Gill Shorter. This action was brought by James G. L. Huey, against Silas Newsom, and was commenced on the 23d February, 1858. The complaint contained two counts; the first claiming $1800 damages for a breach of warranty of the soundness of a slave, named Jack, which had been sold by defendant to plaintiff' on the 16th March, 1857 ; and the second claiming $1100, with interest from the 16th March, 1857, as…
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Appeal from the Circuit Court of Randolph. Tried before the Hon. John Gill Shorter. This action was brought by James G. L. Huey, against Silas Newsom, and was commenced on the 23d February, 1858. The complaint contained two counts; the first claiming $1800 damages for a breach of warranty of the soundness of a slave, named Jack, which had been sold by defendant to plaintiff' on the 16th March, 1857 ; and the second claiming $1100, with interest from the 16th March, 1857, as so much money had and received by defendant for the use and benefit of plaintiff. The defendant filed three special…
1Opinion of the Court
A. J. WALKER, O. J.
We cannot sustain the appellant’s assignment of error, that there was no specification of the grounds of demurrer to the appellant’s pleas. The record does not affirmatively fehow that the demurrer was defective in that particular, and we cannot presume such deficiency.
[2.] There was no error in the failure to visit the demurrer to the pleas upon the complaint. The visitation of demurrers upon the antecedent pleadings of the party demurring is, in effect,- abolished by the Code. — Henly v. Bush, 33 Ala. 636.
[3-4..] The first count of the complaint was for a breach of the…
2Cases cited5 opinions
- Borland v. MayoSupreme Court of Alabama · 1845
- Henley v. BushSupreme Court of Alabama · 1859
- Bryan v. WilsonSupreme Court of Alabama · 1855
- Skinner v. Bedell's Adm'rSupreme Court of Alabama · 1858
- Prosser v. HendersonSupreme Court of Alabama · 1847
3Cited by3 opinions
- Merritt v. FlemmingSupreme Court of Alabama · 1868
- Whitten v. GravesSupreme Court of Alabama · 1867
- Gilbert v. BeckSupreme Court of Alabama · 1868