Spence v. Thompson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. Debt, by Mrs. Thompson, against Spence. The declaration contains several counts — the first of which states the cause of action to be, “ that the defendant wrongfully and illegally as sheriff of said county, demanded and received of and from the plaintiff, under and by color of a certain fi. fa. [which is set out] for executing the same, and for his fees as sheriff upon the same, a higher sum of money and more and other…
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Writ of Error to the Circuit Court of Talladega. Debt, by Mrs. Thompson, against Spence. The declaration contains several counts — the first of which states the cause of action to be, “ that the defendant wrongfully and illegally as sheriff of said county, demanded and received of and from the plaintiff, under and by color of a certain fi. fa. [which is set out] for executing the same, and for his fees as sheriff upon the same, a higher sum of money and more and other recompense than is by law allowable, permitted and appointed; that is to say, divers sums, amounting in the whole to $9 43…
1Opinion of the CourtGoldthwaite, J.
1. The question on the general demurrer is, whether the counts for the statute penalties are properly joined with the count for money had and received. The theory of joining different counts in the same declaration is, that they describe different causes of action — the practice is to multiply the counts, to avoid the consequences of failing upon a single statement of the cause of action, when upon some part of the entire case the plaintiff is entitled to relief. Pursuing the inquiry then, as if this plaintiff had distinct causes of action, the one by contract and the other by the statute,…
2Cases cited4 opinions
- Carroll v. MeeksSupreme Court of Alabama · 1836
- Moore v. CoolidgeSupreme Court of Alabama · 1835
- Sanford v. RichardsonSupreme Court of Alabama · 1840
- Malone & Co. v. HathawaySupreme Court of Alabama · 1830
3Cited by7 opinions
- Paul Sauers, Box 1573, Atlantic City, Nj 08404 v. Commissioner of Internal Revenue. Appeal of Paul SauersCourt of Appeals for the Third Circuit · 1985
- City of Anniston v. DouglasSupreme Court of Alabama · 1948
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
- La Tour v. Stone, SheriffSupreme Court of Florida · 1939
- Sloss-Sheffield Steel & Iron Co. v. GreekSupreme Court of Alabama · 1924
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