Whilden & Sons v. Merchants' & Planters' National Bank
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by the Merchants’ & Planters’ National Bank of Montgomery, Alabama, a corporation chartered under the acts of Congress, against A. Whilden & Sons, a mercantile partnership doing business in Philadelphia ; and was commenced by attachment, sued out on the 29th May, 1873, on tlie ground of the defendants’ non-residence.
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by the Merchants’ & Planters’ National Bank of Montgomery, Alabama, a corporation chartered under the acts of Congress, against A. Whilden & Sons, a mercantile partnership doing business in Philadelphia ; and was commenced by attachment, sued out on the 29th May, 1873, on tlie ground of the defendants’ non-residence. The original complaint contained four counts, and five other counts were added by 'amendment. As a demurrer was sustained to the second count, it is not necessary to notice it.…
1Opinion of the CourtBrickell, C. J.
The statute provides, that all actions on contracts, express or implied, for the payment of money, whether under seal or not, may be united. — Code of 1876, § 2986. By the common law, the rule in reference to the joinder in the same declaration of different causes of action, applicable alike to actions ex contractu and actions ex delicto, was, that the same plea could be pleaded, and the same judgment could be given on each count; or the counts must have been of the same nature, and the same judgment capable of being rendered on all, though the pleas to each were different.- — 1 Chit. PI.…
2Cases cited20 opinions
- Burton v. DriggsSupreme Court of the United States · 1874
- Nelson v. IversonSupreme Court of Alabama · 1853
- Boyce & Henry v. EdwardsSupreme Court of the United States · 1830
- Shorter v. SheppardSupreme Court of Alabama · 1859
- Rigby v. NorwoodSupreme Court of Alabama · 1859
15 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Peitzman v. City of IllmoCourt of Appeals for the Eighth Circuit · 1944
- Bell v. Bank of CaliforniaCalifornia Supreme Court · 1908
- Karpeles v. City Ice Delivery Co.Supreme Court of Alabama · 1916
- C & C PRODUCTS, INC. v. Premier Industrial Corp.Supreme Court of Alabama · 1972
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
46 more not listed; retrieve them via the Exa API.