Young v. Foster
Supreme Court of Alabama
Error to the Circuit court of Tuskaloosa. This was an action of assumpsit, tried before P. Martin, J., upon an instrument in writing, of the following-tenor :• “ I llave sold to John Vi. Foster, seven hundred bushels of cora, whichlbiud myself In the sum of seven hundred dollars,tobe delivered in raid Foster’s boat, in the month of February, or sooner if said Foster wishes it.— Tuskaloosa, January 0, 1C33. II. W. Young.”
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Error to the Circuit court of Tuskaloosa. This was an action of assumpsit, tried before P. Martin, J., upon an instrument in writing, of the following-tenor :• “ I llave sold to John Vi. Foster, seven hundred bushels of cora, whichlbiud myself In the sum of seven hundred dollars,tobe delivered in raid Foster’s boat, in the month of February, or sooner if said Foster wishes it.— Tuskaloosa, January 0, 1C33. II. W. Young.” The pleas were, :m.j v.V: a ml a special plea, that defendant ivas icady m-d whang to deliver the com mentioned in the clocim atices, but that the plaintiff was not ready,…
1Opinion of the CourtOrmond, J.
— It has sometimes been made a question, whether the court has power to compel a joinder in a demurrer to evidence. It is now, however, well settled, that the court will not compel a joinder, unless the de-murrant will admit, on the record, the truth of all the facts offered in evidence, and also every conclusion which the facts fairly conduce to prove. This has not been done in this case, but as no objection has been made, and as the counsel for the plaintiff has admitted the rule as stated, to be applicable to this case, we will not enter on the enquiry, whether the mere offering a demurrer…
2Cited by6 opinions
- Carson v. Bank of AlabamaSupreme Court of Alabama · 1842
- Carter v. OdomSupreme Court of Alabama · 1898
- Hanover Fire Insurance v. B. C. Lewis & SonsSupreme Court of Florida · 1887
- McGeehee v. HillSupreme Court of Alabama · 1840
- Bryan v. StateSupreme Court of Alabama · 1855
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