Hayes v. Woods
Supreme Court of Alabama
Appeal from tbe Circuit Court of Limestone. Tried before the Hon. H. C. Speake. This action was brought by James Woods, against Charles B. Hayes, and was commenced on the ,15th July, 1881. The complaint contained only the common money counts, claiming §800, alleged to be due from defendant to plaintiff, 1st, for money had and received October 1st, 1880; 2d, “ by account stated on the 1st October, 1880, for goods, wares and merchandise sold and delivered;” and, 3d, “by…
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Appeal from tbe Circuit Court of Limestone. Tried before the Hon. H. C. Speake. This action was brought by James Woods, against Charles B. Hayes, and was commenced on the ,15th July, 1881. The complaint contained only the common money counts, claiming §800, alleged to be due from defendant to plaintiff, 1st, for money had and received October 1st, 1880; 2d, “ by account stated on the 1st October, 1880, for goods, wares and merchandise sold and delivered;” and, 3d, “by account for money paid.” The defendant pleaded, 1st, “ that he is not indebted to plaintiff as charged in his complaint; ” 2d,…
1Opinion of the CourtSomerville, J.
When am, accoimb is the foundation of a suit, the statute provides that, at any time previous to the trial, the defendant is entitled, on notice, to “ a list of the items composing it.” — Code, 1816, § 2984. This is, in effect and substance, the same as the common-law bill of particulars. Robinson's Adm'rs v. Allison, 36 Ala. 525. That, however, *94was never regarded properly as a part of the record, and our practice is to make it so by incorporating it in the bill of exceptions.—1 Phil. Ev. (C. H. & E. notes), 4th Ed. 799; Com. v. Davis, 11 Pick. 432; Prior v. Johnson, 32 Ala. 27. This view…
2Cases cited7 opinions
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Robinson's Admr's v. AllisonSupreme Court of Alabama · 1860
- Beene's Adm'r v. Collenberger & Co.Supreme Court of Alabama · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- W. A. H. Church, Inc. v. HolmesCourt of Appeals for the D.C. Circuit · 1931
- Giddens v. BollingSupreme Court of Alabama · 1890
- Wood & Pritchard v. McClureSupreme Court of Alabama · 1923
- Alford v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1934
- Bartlett v. JenkinsSupreme Court of Alabama · 1925
8 more not listed; retrieve them via the Exa API.