Strickland v. Burns
Supreme Court of Alabama
Error to the Circuit Court of Dallás. Before the Son. N. Cook. Assumpsit by the plaintiff in error. The declaration containing the common counts does not disclose that .the plaintiffs are husband and wife, but counts in assumpsit, on promises, to the plaintiffs jointly. Pleas, non assumpsit, statute of limitations, set off, and payment.
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Error to the Circuit Court of Dallás. Before the Son. N. Cook. Assumpsit by the plaintiff in error. The declaration containing the common counts does not disclose that .the plaintiffs are husband and wife, but counts in assumpsit, on promises, to the plaintiffs jointly. Pleas, non assumpsit, statute of limitations, set off, and payment. A bill of exceptions found in the record, is entitled “Barnabas Strickland, and Eliza Ann Strickland, his wife, v. George C. Burns,” and recites that on the trial of the cause, the plaintiff proved, that before the institution of the suit, the plaintiff Eliza…
1Opinion of the CourtCollier, C. J.
The general issue, or other plea in bar, it is said admits the character in which the plaintiff sues, to be such as is set out in the declaration. Carpenter & Rose v. Whitman, 15 Johns. Rep. 208; State Treasurer v. Wiggins, 1 McC. Rep. 468; Floyd v. Breckenridge, 4 Bibb’s R. 14; Henderson’s adm’r v. Clark, 4 Bibb’s Rep. 391; Thomas v. Tanner, 6 Monr. Rep. 52; Champlin v. Tilley, 3 Day’s Rep. 303; Harper v. Distrahan, 2 Mart. Rep. N. S. 389; Conrad v. Atlantic Ins. Co. 1 Pet. Rep. 388; Society of, &c. v. Paulet, 4 Pet. Rep. 480; Whittington v. Farmers’ Bank, &c. 5 Har. & J. Rep. 489. In…
2Cases cited5 opinions
- Society for the Propagation of the Gospel in Foreign Parts v. Town of PawletSupreme Court of the United States · 1830
- Baker v. JewellMassachusetts Supreme Judicial Court · 1810
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Best v. StrongNew York Supreme Court · 1829
- Kenan v. StarkeSupreme Court of Alabama · 1844
3Cited by7 opinions
- Barnett v. Warren & Co.Supreme Court of Alabama · 1886
- Johnson v. CollinsSupreme Court of Alabama · 1850
- Burton Lumber Co. v. WilderSupreme Court of Alabama · 1895
- Mearns v. ChatardCourt of Appeals for the D.C. Circuit · 1918
- Kimball v. MoodySupreme Court of Alabama · 1855
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