Weller & Co. v. Camp
Supreme Court of Alabama
Action for Death of Horse. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by J. T. Camp against Weller & Co. From a judgment for plaintiff, defendants appeal.
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Action for Death of Horse. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by J. T. Camp against Weller & Co. From a judgment for plaintiff, defendants appeal. The first count claims damages for that, on the 11th clay of May, 1907, at Birmingham, Ala., the plaintiff, at the special instance and request of defendants, let to hire and delivered to said defendants a certain horse, the property of plaintiff, of great value, to wit, of the value of $750, to be had and used by the defendants for a certain time in that behalf agreed upon by and between said plaintiff and…
1Opinion of the CourtSayre, J.
In Posey v. Hair, 12 Ala. 567, it was said that the certainty required in declaration, or plea, is such a statement of the facts constituting the cause of action, or ground of defense, as will enable them to be understood by the party who is to answer them, the jury who are to ascertain their truth, and the court which is to give judgment. The latter statute (Code, § 5321), which enjoins brevity as far as consistent with perspicuity, and the presentation of facts in an intelligible form so that material issue in law or fact can be taken thereon by the adverse party, has not impaired the…
2Cases cited6 opinions
- Collins v. . BennettNew York Court of Appeals · 1871
- Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882
- Higman v. CamodySupreme Court of Alabama · 1895
- Posey v. HairSupreme Court of Alabama · 1847
- Kullmann v. GreenebaumCalifornia Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
- INTERNATIONAL UNION, ETC. v. RussellSupreme Court of Alabama · 1956
- Jones v. KeithSupreme Court of Alabama · 1931
- Armour & Co. v. CartledgeSupreme Court of Alabama · 1937
- Pan-American Petroleum Transp. Co. v. Robins Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1922
24 more not listed; retrieve them via the Exa API.