Schuessler & Co. v. Wilson
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried, before the Hon. James Q. Smith. This action was brought by S. Schuessler & Co., suing in their partnership name only, against B. Wilson and his wife, Ellen Wilson; and was commenced on the 31st January, 1876, in a justice’s court.
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Appeal from the Circuit Court of Montgomery. Tried, before the Hon. James Q. Smith. This action was brought by S. Schuessler & Co., suing in their partnership name only, against B. Wilson and his wife, Ellen Wilson; and was commenced on the 31st January, 1876, in a justice’s court. The cause of action on the justice’s summons was in these words : “Plaintiffs claims from defendants the sum of $90, due by defendant to plaintiffs for provisions furnished to defendant at his request, as by account stated; which sum is now due and unpaid.” The justice having rendered judgment for the plaintiff, an…
1Opinion of the CourtStone, J.
The complaint offered to be filed in this cause ■was not such a departure from the cause of action stated in the summons before the justice, as that it should have been rejected on that account. If the action had been commenced in the Circuit Court, by summons and complaint in the common form, the court would have allowed the complaint tobe so amended, as to set forth a cause of action for which “ the separate estate of the wife is liable ” under section 2376 of the Revised Code. — Reed v. Scott, 30 Ala. 640; Smith v. Plank Road Co., 30 Ala. 650; Harris v. Plant, 31 Ala. 639; Russell v.…
2Cases cited8 opinions
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
- Smith v. Tallassee Branch of Central Plank-Road Co.Supreme Court of Alabama · 1857
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3Cited by7 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
- Elmore v. Simon & Bro.Supreme Court of Alabama · 1880
- Wilder v. BushSupreme Court of Alabama · 1917
- Mauney v. Electric Const. Co.Supreme Court of Alabama · 1924
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