Ainsworth v. Partillo
Supreme Court of Alabama
Error to the Circuit Court of Benton. Before the Hon. G. W. Lane. This was an action of assumpsit, at the suit of the defendant in error. The declaration, among other counts, embraces one for goods, wares and merchandize, sold and delivered ; money had and received, and an account stated. The cause was submitted to a jury, who returned a verdict for the plaintiff, for $22 damages, and judgment was rendered accordingly.
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Error to the Circuit Court of Benton. Before the Hon. G. W. Lane. This was an action of assumpsit, at the suit of the defendant in error. The declaration, among other counts, embraces one for goods, wares and merchandize, sold and delivered ; money had and received, and an account stated. The cause was submitted to a jury, who returned a verdict for the plaintiff, for $22 damages, and judgment was rendered accordingly. From a bill of exceptions sealed at the defendant’s instance, it appears that evidence was adduced tending to show, that in the spring of 1841 plaintiff sold to defendant a bay…
1Opinion of the CourtCollier, C. J.
The act of 1824, to regulate pleadings at common law, enacts, that “no cause shall be reversed, arrested, or otherwise set aside, after verdict or judgment, for any matter on the face of the pleadings not previously objected to; Provided, the declaration contains a substantial cause of action, and a material issue be tried thereon.” Clay’s Dig. 322, § 53. Without undertaking to scan the declaration in the present case with particularity, it is perfectly certain, that the common counts at least set out a good cause of action. The judgment entry shows, that the issue tried threw upon the…
2Cases cited1 opinion
- Austill v. CrawfordSupreme Court of Alabama · 1845
3Cited by5 opinions
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Morrison v. TaylorSupreme Court of Alabama · 1852
- Mueller v. Staples & Son Fruit Co.Court of Appeals of Washington · 1980
- Tomlin v. StateSupreme Court of Alabama · 1851
- McAllister v. McDowSupreme Court of Alabama · 1855