Pope v. Robinson
Supreme Court of Alabama
Joseph Robinson brought an action against John Van Steinburg, in the Circuit Court of Dallas county. The writ was to answer in a plea of trespass on the case ; the declaration contained only one count, and'recited in substance, that in consideration that the plaintiff had at the the special instance of the defendant, delivered goods to him of the value of five hundred dollars to be sold and disposed of by the defendant for the plaintiff, that he undertook to render a just…
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Joseph Robinson brought an action against John Van Steinburg, in the Circuit Court of Dallas county. The writ was to answer in a plea of trespass on the case ; the declaration contained only one count, and'recited in substance, that in consideration that the plaintiff had at the the special instance of the defendant, delivered goods to him of the value of five hundred dollars to be sold and disposed of by the defendant for the plaintiff, that he undertook to render a just and reasonable account of. said goods to the plaintiff, when requested; and although the defendant had received said goods…
1Opinion of the Court
By JUDGE WHITE.
The first error relied on is, that the action is account, and not assumpsit; and hence that the judgement should have been not for the damages,, but that the defendant should account; and that auditors should in the first instance have been appointed to take an account between *417the parties preparatory to final judgement. The necessity of such an interlocutory order evidently depends upon the correctness of the first position assumed, that the action is not assumpsit, but an action of account. Chitty in his 1st volume on Pleadings, a lays down this princi-pie : that the action of…
2Cited by6 opinions
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Morris v. HallSupreme Court of Alabama · 1868
- Justices of the Inferior Court of Irwin County ex rel. Hunter v. SloanSupreme Court of Georgia · 1849
- Duncan v. SmithSupreme Court of New Jersey · 1865
- Justices of the Inferior Court of Irwin County ex rel. Hunter v. SloanSupreme Court of Georgia · 1849
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