Tate v. Gilbert
Supreme Court of Alabama
Tate, guardian of S. McGuire, commenced an action of assumpsit in the County Court of Shelby, against Gilbert, to recover an amount of money charged to be in his hands, as former guardian of the plaintiff’s ward. At the final trial, the Court permitted the defendant to withdraw the plea of general issue, which he had previously relied on, and to file three other pleas in bar, the last of which was a plea puis darrein continuance.
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Tate, guardian of S. McGuire, commenced an action of assumpsit in the County Court of Shelby, against Gilbert, to recover an amount of money charged to be in his hands, as former guardian of the plaintiff’s ward. At the final trial, the Court permitted the defendant to withdraw the plea of general issue, which he had previously relied on, and to file three other pleas in bar, the last of which was a plea puis darrein continuance. It set out, substantially, that the matter of the said suit, had been, before that time, included in a settlement which the said defendant had made with the Orphans’…
1Opinion of the Court
By Mr. Justice Hitchcock :
This case is submitted without argument.
The action is assumpsit, brought by the plaintiff as" guardian of Sally McGuire, to recover a sum of money alleged to be in the hands of the defendant, as former guardian of the same individual. The defendant pleaded the general issue. A trial, verdict and judgment were had for the plaintiff. A bill of exceptions was taken, and the cause was brought to this Court, where it was reversed and remanded, after which a second trial was had, and a verdict was rendered for the plaintiff when a new trial was granted, and the cause was…
2Cited by3 opinions
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- Mabry v. LittleTexas Supreme Court · 1857
- Winston v. MoffetSupreme Court of Alabama · 1839