Singer Sewing Machine Co. v. Methvin
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Jane T. Methvin against the Singer Sewing Machine Company. Judgment for plaintiff, and defendant appeals. The complaint follows the Code form. The matter alleged in addition seems to be a history of what transpired at the house when the agent went to get the machine, detailing not only the conversation between plaintiff and defendant’s agent but also the acts of the agent.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Jane T. Methvin against the Singer Sewing Machine Company. Judgment for plaintiff, and defendant appeals. The complaint follows the Code form. The matter alleged in addition seems to be a history of what transpired at the house when the agent went to get the machine, detailing not only the conversation between plaintiff and defendant’s agent but also the acts of the agent. The pleas referred to set up in effect that the injuries occurred by reason of an attempt on the part of the representative to procuré possession…
1Opinion of the CourtMayfield, J.
— Appellee, a woman, sued appellant for an assault and battery by one of- its agents in the attempt of the latter to collect a bill for the sale of a sewing machine.
The complaint followed the Code form but, not being content with that, set out a great deal of the evidence by which plaintiff proposed to prove the facts necessary to support the action. This is a bad form of pleading and is not to be encouraged. The pleadings should allege the facts only which are necessary and proper to *557support the action or the defense, and not the evidence by which the facts are to be proven. The defendant…
2Cited by22 opinions
- Wright v. WrightSupreme Court of Alabama · 1995
- Acceptance Ins. Co. v. BrownSupreme Court of Alabama · 2001
- Surrency v. HarbisonSupreme Court of Alabama · 1986
- Harper v. Winston CountySupreme Court of Alabama · 2004
- O'Rear v. B.H.Supreme Court of Alabama · 2011
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