Andrews v. Flack & Wales
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. Jas. B. Dowdell. This action was brought by F. M. Flack and P. M. Wales, partners doing business under the firm name of Flack & Wales, against Joseph E. Andrews; and was commenced on the 8th February, 1888. The complaint contained three counts, each declaring on a judgment which the plaintiffs had recovered against the defendant, on the 16th November, 1885, in the Supreme Court of New York for Bensselaer…
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Appeal from the Circuit Court of Chambers. Tried before the Hon. Jas. B. Dowdell. This action was brought by F. M. Flack and P. M. Wales, partners doing business under the firm name of Flack & Wales, against Joseph E. Andrews; and was commenced on the 8th February, 1888. The complaint contained three counts, each declaring on a judgment which the plaintiffs had recovered against the defendant, on the 16th November, 1885, in the Supreme Court of New York for Bensselaer county. The first count claimed $602.35, “due on and by a judgment rendered in favor of plaintiffs, and against defendant, in…
1Opinion of the CourtClopton, J.
A complaint declaring on a judgment is sufficient, in the matter of description, when it sets forth the court in which it was rendered, the place at which the court was held, the names of the parties in favor of, and against whom it was entered, the date of its rendition, and the sum recovered. The several counts in the complaint aver these essential facts, and further, that the court which rendered the judgment had jurisdiction of the subject-matter and of the person, and that it remains unsatisfied. Formerly it was the practice to set forth the proceedings in which the judgment was…
2Cases cited3 opinions
- Hunt v. MayfieldSupreme Court of Alabama · 1829
- Woodley v. FindlaySupreme Court of Alabama · 1846
- McRae v. StokesSupreme Court of Alabama · 1842
3Cited by12 opinions
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Merrill v. Sheffield Co.Supreme Court of Alabama · 1910
- Forbes v. DavisSupreme Court of Alabama · 1914
- Stoer v. Ocklawaha River Farms Co.Supreme Court of Alabama · 1931
- McAlister v. McAlisterSupreme Court of Alabama · 1926
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