Punch & Duggan v. Walke
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Heard before tbe Hon. Nat. CooK. This action was brought by the appellants, as partners, against Jno. M. "Walkeand Clementine M. Walke, his wife; the complaint, as set out in the record, being in these words: “ The plaintiffs claim of the defendants seventy-four dollars, due by ¡promissory note made by them on the 1st June, 1857, and payable one day after date, with interest thereon.
Read the full summary
Appeal from the Circuit Court of Dallas. Heard before tbe Hon. Nat. CooK. This action was brought by the appellants, as partners, against Jno. M. "Walkeand Clementine M. Walke, his wife; the complaint, as set out in the record, being in these words: “ The plaintiffs claim of the defendants seventy-four dollars, due by ¡promissory note made by them on the 1st June, 1857, and payable one day after date, with interest thereon. And the plaintiffs claim the further sum of seventy-four dollars, with interest thereon from the 1st June, 1857, due for articles of comfort and supply of the household,…
1Opinion of the CourtStone, J.
The exceptions to the action of the circuit court all relate to its refusal to permit certain amendments of the complaint. The complaint copied in the record contains two counts, the second of which is a literal copy of the one mentioned in the bill of exceptions as proposed and rejected. Under a severe criticism, we. might presume the amendment was rejected, because it added nothing to the sufficiency of the complaint already. *496on file. We suppose, however, that this is an error of the clerk in copying ; and that the said second count never was filed, but is in fact the proposed amendment.…
2Cases cited5 opinions
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
- Cunningham v. FontaineSupreme Court of Alabama · 1854
- Henry v. HickmanSupreme Court of Alabama · 1853
3Cited by6 opinions
- McGowen v. SmithSupreme Court of Alabama · 1956
- Gabriel v. MullenMissouri Court of Appeals · 1888
- Mitchell v. Dillard & JonesSupreme Court of Alabama · 1876
- Lewis v. Dillard & JonesSupreme Court of Alabama · 1880
- Womack v. SanfordSupreme Court of Alabama · 1861
1 more not listed; retrieve them via the Exa API.