Lunsford v. Butler
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the PTon. W. W. Wilkerson. This was an action brought by the appellee, as administratrix of the estate of Daniel Butler, deceased, against •George Lunsford ; an d was commenced on September 2, 1892. The first count of the complaint was in the following language: "The plaintiff, as administratrix as aforesaid, claims of the defendant ninety-one & 62-100 Dollars, due from defendant by account, on, to-wit, the -day of…
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Appeal from the City Court of Birmingham. Tried before the PTon. W. W. Wilkerson. This was an action brought by the appellee, as administratrix of the estate of Daniel Butler, deceased, against •George Lunsford ; an d was commenced on September 2, 1892. The first count of the complaint was in the following language: "The plaintiff, as administratrix as aforesaid, claims of the defendant ninety-one & 62-100 Dollars, due from defendant by account, on, to-wit, the -day of October, A. D., 1890, which account is verified by affidavit.” The remaining counts were the common counts in assumpsit. Upon…
1Opinion of the CourtMcCLELLAN, J.
We are of opinion that the statement in the first count of the complaint, that the account therein sued upon “is verified by affidavit,” is a substantial compliance with section 2773 of the Code in respect of the requirement that the fact of verification shall be indorsed “on the summons and complaint or other original process,” and that the trial court properly admitted the account thus referred to in evidence under that count of the complaint. The defendant not having within the time allowed for pleading, or at all, filed in the cause an affidavit denying on information and belief, the…
2Cited by4 opinions
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- Alexander v. Moore & KornegaySupreme Court of Alabama · 1895