Jefford's Adm'r v. Ringgold & Co.
Supreme Court of Alabama
Writ of error to the County Court of Lowndes. This was an action, at the suit of the defendants in error against the plaintiff. The first count of the declaration is on a promissory note made by the intestate, and another on the 17th August, 1837, for the payment of three hundred and thirty-three dollars to the plaintiffs. The second count is the same as the first, except that it alleges a promise by the defendant, since the death of his intestate, to pay the note.
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Writ of error to the County Court of Lowndes. This was an action, at the suit of the defendants in error against the plaintiff. The first count of the declaration is on a promissory note made by the intestate, and another on the 17th August, 1837, for the payment of three hundred and thirty-three dollars to the plaintiffs. The second count is the same as the first, except that it alleges a promise by the defendant, since the death of his intestate, to pay the note. The third count alleges the making of another promissory note of the same tenor and date, and sets forth that its consideration…
1Opinion of the CourtCollier, C. J.
1. If the declaration be defective foi; the cause supposed, it was certainly obnoxious to the defendants’ demurrer to the replication, ft is said the consequences of a mis-joinder are more important than the circumstance of a particular' count being defective; for in the case of a misjoinder, however perfect counts may respectively be in themselves, the'declaration *547■will be bad on general demurrer, or in arrest of judgment, or upon error. [1 Chitty’s Plead. 3d Am. ed. 206, and cases there cited.] We will not undertake to examine, with particularity, each of the counts of the declaration in…
2Cases cited6 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Goodsell v. MyersNew York Supreme Court · 1830
- Everson v. CarpenterNew York Supreme Court · 1837
- Smith v. MayoMassachusetts Supreme Judicial Court · 1812
- Willard v. StoneNew York Supreme Court · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Strain v. WrightSupreme Court of Georgia · 1849
- Bozeman v. BrowningSupreme Court of Arkansas · 1876
- Bell v. BurkhalterSupreme Court of Alabama · 1912
11 more not listed; retrieve them via the Exa API.