Maupay v. Holley
Supreme Court of Alabama
THIS was an action- of asmittpsit in- the County Court of Mobile, by the plaintiff in error, to recover damages of the defendant for the failue to deliver according to his contract, twenty thousand mulberry trees, of the kind called 'in'oriis multicau-lis. The declaration contains twe) counts, in each of which the contract- instated differently. The cause was submitted to the jury,- who3 returned a verdict for the defendant.
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THIS was an action- of asmittpsit in- the County Court of Mobile, by the plaintiff in error, to recover damages of the defendant for the failue to deliver according to his contract, twenty thousand mulberry trees, of the kind called 'in'oriis multicau-lis. The declaration contains twe) counts, in each of which the contract- instated differently. The cause was submitted to the jury,- who3 returned a verdict for the defendant. On the trial, the Judge sealed a bill of exceptions, at the instance of the plaintiff which sets out none of the testimony, but merely states sever-al--charges’given to…
1Opinion of the CourtCollier, C. J.
There was no demurrer to the declaration, and the plea consequently, did not contest the legal suffi*104ciency of either count. Where a declaration contains several counts, each count is considered as the statement of a different cause of action; and where issue is taken upon all, the plaintiff is entitled to recover upon proving the allegations of either.
There can be ho doubt, that where the defendant negatives, by a plea, the cause of action set out by the plaintiff, in order to recover, the latter must sustain his declaration, and that this can only be done by proof corresponding with its…
2Cited by6 opinions
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Bryant v. Southern Railway Co.Supreme Court of Alabama · 1902
- Nashville, C. & St. L. Ry v. HillSupreme Court of Alabama · 1906
- Mardis' Adm'rs v. ShacklefordSupreme Court of Alabama · 1844
- Thompson v. Southern Ry. Co.U.S. Circuit Court for the District of Northern Alabama · 1902
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