Sparks v. McCreary
Supreme Court of Alabama
Appeal from Clay County Court. Heard' before Hon W. J. Pearce. Action, in case by J. W. Sparks against John D. McCreary. From a judgment sustaining demurrers to the complaint, plaintiff appeals.
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Appeal from Clay County Court. Heard' before Hon W. J. Pearce. Action, in case by J. W. Sparks against John D. McCreary. From a judgment sustaining demurrers to the complaint, plaintiff appeals. The original complaint is as follows: “(1) Plaintiff claims of defendant $5,000 damages, for that heretofore, to wit, on March 23, 1906, plaintiff was engaged in the mercantile business in the town of Lineville, Ala., carrying a general line of goods, wares, and merchandise, which plaintiff was selling principally for cash, and plaintiff had been engaged in said business for about two years prior .to…
1Opinion of the CourtMcCLELLAN, J.
We construe the counts, both - original and amendatory, as in case. The wrongful conduct of the defendant, not involving actual or constructive assumption of possession of the storehouse or goods of the plaintiff, or force in any form, Avas, on the averments, purely consequential in the damnifying consequence alleged to have resulted therefrom. — City Delivery Co. v. Henry, 139 Ala. 161, 34 South. 389; Ala. Midland R. R. v. Martin, 100 Ala. 511, 14 South. 401; 21 Ency. Pl. & Pr. 783. The gist of the action is that the defendant wrongfully, and in some of the counts it is averred also…
2Cases cited6 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Boyson v. ThornCalifornia Supreme Court · 1893
- Ware v. CurrySupreme Court of Alabama · 1880
- Snedecor v. PopeSupreme Court of Alabama · 1904
- Alabama Midland Railway Co. v. Martin & Bro.Supreme Court of Alabama · 1893
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