Madden v. Blythe
Supreme Court of Alabama
Error to the Circuit court of Talladega county. Assumpsit on the verbal acceptance of a written order for money. The declaration contained a special count on the order, and the common money counts. Plea, the general issue, and a verdict for plaintiff.
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Error to the Circuit court of Talladega county. Assumpsit on the verbal acceptance of a written order for money. The declaration contained a special count on the order, and the common money counts. Plea, the general issue, and a verdict for plaintiff. The bill of exceptions stated, that on the trial of the case, plaintiff offered in evidence a writing, of which the following is a copy, to wit : “ Mr. Z, Madden — Dear Sir: You will please settle five hundred dollars with Mr. Stephenson, it being the amount received of him on your bills. A balance of fifty-five dollars, you will please remit…
1Opinion of the CourtGolbthwaite, J.
— There is no error in the refusal of the court below to instruct the jury, as in case of non-suit; for, admitting the evidence was insufficient to establish the acceptance o.f the order declared on, specially; yet it was proper to be received on the money counts, and the party is too late, after pleading to issue, with the objection, that these counts were not properly inserted in the declaration. If such was the case, we should be compelled, continually, to decide in this court, all the questions which arise when there is a variance between the writ and declaration.
We do not wish to be…
2Cited by3 opinions
- Etheridge v. Doe ex dem. MalempreSupreme Court of Alabama · 1851
- Crutcher v. Memphis & Charleston RailroadSupreme Court of Alabama · 1863
- Bryan v. WareSupreme Court of Alabama · 1852