Legal Opinion
Peck v. Henderson
Supreme Court of Alabama
Decided October 4, 1928No. 8 Div. 48PublishedCited by 14 opinions
1Opinion of the CourtThomas, J.
Count 3 declared for the wrongful death of plaintiff’s said minor son, and contained the averment of facts that showed a duty, or relationship from which was imposed the duty, upon the defendant as to plaintiff’s minor son, and, it is averred, that the breach of such duty resulted in the proximate injury and damage for which the suit is brought. Wright v. McCord, 205 Ala. 122, 125, 88 So. 150; A. G. S. R. Co. v. Ensley Co., 211 Ala. 298, 100 So. 342.
The count was not open to demurrer for duplicity, condemned by the rule of good pleading, having for its purpose the prevention of prolixity and…
2Cases cited24 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Postal Tel. Cable Co. v. MinderhoutSupreme Court of Alabama · 1916
- Knowles v. BlueSupreme Court of Alabama · 1923
- Robinson v. CrotwellSupreme Court of Alabama · 1911
- Sellers v. NoahSupreme Court of Alabama · 1923
19 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Thaggard v. VafesSupreme Court of Alabama · 1928
- McKinnon v. PolkSupreme Court of Alabama · 1929
- Stephens v. WilliamsSupreme Court of Alabama · 1933
- Central Aviation Company v. PerkinsonSupreme Court of Alabama · 1959
- Eubanks v. SchwalbeCourt of Appeals of Texas · 1932
9 more not listed; retrieve them via the Exa API.