Hoffman v. Knight
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before thé Hon .N. D. Denson. This action Avas brought by the appellee, S. C. Knight, against the appellant, Walter Hoffman. The complaint contained tAvo counts.
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Appeal from the Circuit Court of Chambers. Tried before thé Hon .N. D. Denson. This action Avas brought by the appellee, S. C. Knight, against the appellant, Walter Hoffman. The complaint contained tAvo counts. The first count was in words and figures as folloivs: “The plaintiff claims of the defendant the sum of tAvo hundred dollars due from defendant to plaintiff by reason of a failure-on the part of defendant to enter, or have entered, satisfaction of a mortgage upon the margin of the record for two months from the time he was requested in Avriting so to do by the plaintiff, he the…
1Opinion of the CourtDowdell, J.
This is a suit for a penalty given by the statute, and the form of the action is -debt. The joinder of the two counts in. the complaint is authorized by -section 3292 of the Oode of 1896. The complaint in this case contained the requisite, averment and is -almost identical with the complaint in the case of Williams v. Bowdin, 68 Ala. 126, which was by this court held good on demurrer. The complaint here was not open to any of the assignments or grounds of defendant’s demurrer, and the action of the court in overruling the demurrer is free from error. — Williams v. Bowdin, 68 Ala. 126; Renfro…
2Cases cited6 opinions
- Loeb v. HuddlestonSupreme Court of Alabama · 1894
- Steiner & Bro. v. SnowSupreme Court of Alabama · 1885
- Williams v. BowdinSupreme Court of Alabama · 1880
- Renfro v. AdamsSupreme Court of Alabama · 1878
- Perryman & Co. v. SmithSupreme Court of Alabama · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Partridge v. WilsonSupreme Court of Alabama · 1904
- International Harvester Co. v. FulmerSupreme Court of Alabama · 1936