Carlisle v. Davis
Supreme Court of Alabama
Assumpsit by Davis against Carlisle. The declaration contains two counts. 1. On a due bill in writing, made by Car-lisle, on the 12th of October, 1842, whereby he promised to pay the plaintiff immediately the sum of seventy-five dollars. 2. For that the defendant, on the 12th day of October, 1843, was indebted to the plaintiff in the further sum of seventy-five dollars, for money found to be due from the defendant to the plaintiff, on an account then and there stated between…
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Assumpsit by Davis against Carlisle. The declaration contains two counts. 1. On a due bill in writing, made by Car-lisle, on the 12th of October, 1842, whereby he promised to pay the plaintiff immediately the sum of seventy-five dollars. 2. For that the defendant, on the 12th day of October, 1843, was indebted to the plaintiff in the further sum of seventy-five dollars, for money found to be due from the defendant to the plaintiff, on an account then and there stated between them. It concludes with a super se assumpsit. The declaration is entitled of February term, 1843, and the suit was…
1Opinion of the CourtGOLDTHWAlTE, J.
1. It is said by Mr. Chitty, that care must be taken, in framing the declaration, that no part of the cause of action shall appear to have accrued after the time to which the declaration, by its title, refers, and that if it is otherwise, it will be subject to a demurrer. [Chitty’s Plead. 289.] But so stringent a practice has never been sustained with us, and indeed, when it is considered, the statement of time, except when made as matter of description of a written contract, may always be under a scilicit, and is immaterial; there seems no sufficient reason for such a rule. It is far better…
2Cases cited1 opinion
- Bemis v. FaxonMassachusetts Supreme Judicial Court · 1808
3Cited by9 opinions
- Vincent v. RogersSupreme Court of Alabama · 1857
- Pollack v. Gunter & GunterSupreme Court of Alabama · 1909
- Smith v. StateCourt of Criminal Appeals of Alabama · 1989
- Western Assur. Co. v. HannSupreme Court of Alabama · 1917
- Ryan v. GrossSupreme Court of Alabama · 1872
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