Legal Opinion

Park v. Edge

Supreme Court of Alabama

Decided June 15, 1868PublishedCited by 2 opinions

Appeal from the Circuit Court of Randolph. Tried before Hon. John Henderson. Action on contract brought by Sarilda Edge against Moses Park, Gooden Adcock and Abner R. Hill, on the 9th day of January, 1866. The defendants pleaded, “ severally and jointly: first, non asumpsit; second, payment; third, accord and satisfaction; fourth, statute of limitations of three years.”

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Appeal from the Circuit Court of Randolph. Tried before Hon. John Henderson. Action on contract brought by Sarilda Edge against Moses Park, Gooden Adcock and Abner R. Hill, on the 9th day of January, 1866. The defendants pleaded, “ severally and jointly: first, non asumpsit; second, payment; third, accord and satisfaction; fourth, statute of limitations of three years.” There was a verdict in favor of one of the defendants, and against the other two, and a judgment entered in accordance therewith. The defendants appealed.

1Opinion of the CourtA. J. Walker, C. J.

In an action on a contract against several defendants, where the pleas are joint by all, and no defense personal to any one, the recovery must be against all or none. A judgment can not be had against a part of the defendants. It follows, that upon a verdict in favor of one of three defendants in this case and against the other two, no judgment could be rendered against the defendants. — 1 Chitty on Pleading, 44 and 45; Palmer v. Severance, 10 Ala. 347 ; Bussey v. Branch Bank of Montgomery, 15 Ala. 216; Keebles v. Ford and Vining, 5 Ala. 183; Turner v. Lazarus, 6 ib. 875; Gray v. White, 5…

2Cases cited6 opinions

  1. Ivey v. GambleSupreme Court of Alabama · 1838
  2. Keebles v. FordSupreme Court of Alabama · 1843
  3. Gray's adm'rs v. WhiteSupreme Court of Alabama · 1843
  4. Morrow v. PeopleIllinois Supreme Court · 1861
  5. Tindall v. CollinsSupreme Court of Alabama · 1835

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Air Engineers, Inc. v. ReeseSupreme Court of Alabama · 1968
  2. Air Engineers, Inc. v. ReeseSupreme Court of Alabama · 1968

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