Hill v. Hyde

The complaint consists of a single count declaring “for the breach of the condition of a bond made by the defendant Isaac Balus 1-Iyde and the Fidelity & Deposit Company of Maryland as surety, on the 13th day of November, 1926, payable to tlie plaintiff in the sum of ten thousand dollars, with the condition,” etc., and is in assumpsit. The general issue in an action of assumpsit is; “An averment that the allegations of the complaint áre untrue,” and the plea of “not guilty” is not an appropriate plea in such action. Behrman v. Newton, 103 Ala. 529, 15 So. 838; Montgomery Furniture Co. v.…