Patton v. Tidwell
Supreme Court of Alabama
Certiorari to Court of Appeals. Action by Zada Tidwell, against Luther Patton, in which Phelan Tidwell, as administrator of Zada Tidwell, was substituted as plaintiff. A judgment for plaintiff was reversed by tbe Court of Appeals, and the administrator brings certiorari. Writ awarded, and judgment of the Court of Appeals reversed and cause remanded.
Read the full summary
Certiorari to Court of Appeals. Action by Zada Tidwell, against Luther Patton, in which Phelan Tidwell, as administrator of Zada Tidwell, was substituted as plaintiff. A judgment for plaintiff was reversed by tbe Court of Appeals, and the administrator brings certiorari. Writ awarded, and judgment of the Court of Appeals reversed and cause remanded. The following counts of the complaint are referred to: (1) The plaintiff claims of the defendant $300 and lawful interest thereon from February 15, 1018, damages for deceit in the sale by the defendant to the plaintiff of a one-hundredth interest…
1Opinion of the CourtAnderson, C. J.
[1, 2] The Court of Appeals reversed this case upon the theory that counts 1, 2, and 4 were subject to the defendant’s demurrer for failing to set out the facts constituting the fraud relied upon by the plaintiff. In this we think that the Court of Appeals was in error. Each of said counts avers every fact necessary to the maintenance of the action with sufficient certainty. Henry v. Allen, 93 Ala. 197, 9 South. 579, and cases there cited. The plea criticized as being faulty as to the averment of facts as to fraud in the case of Stouffer v. Smith-Davis Co., 154 Ala. 301, 45 South. 621, 129…
2Cases cited2 opinions
- Henry v. AllenSupreme Court of Alabama · 1890
- Stouffer v. Smith-Davis Hardware Co.Supreme Court of Alabama · 1908
3Cited by3 opinions
- Lovett v. FunderburkSupreme Court of Alabama · 1932
- Patton v. TidwellAlabama Court of Appeals · 1920
- Wilson v. DudleyAlabama Court of Appeals · 1954