Holloway v. Lowe
Supreme Court of Alabama
Writ of error to the Circuit Court of St. Clair County. A previous judgment was reversed in this court at a former term [7 Porter 488] and the case was remanded for further proceedings.
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Writ of error to the Circuit Court of St. Clair County. A previous judgment was reversed in this court at a former term [7 Porter 488] and the case was remanded for further proceedings. After the reversal, the plaintiff was allowed to amend his declaration, by filing two additional counts; one of which is a general indebitatus; and the other, a quantum meruit, for work and labor, care and diligence, bestowed by the plaintiff in conducting a suit for slander at the instance of the defendant. When these additional counts were filed, the defendant craved oyer of tho writ and its endorsement, and…
1Opinion of the CourtGoldthwaite, J.
— 1. The permission given to the plaintiff, to file additional counts, was a matter entirely within the discretion of the Circuit Court, and is not the subject of revision in an appellate court, as we have determined in several cases.
2. Neither is the question raised on the demurrer, available to the plaintiff in error. The common counts are properly applicable to all cases where the cause of action grows out of a written instrument, the action of covenant excepted; and when the endorsement of the writ discloses such a cause of action, the plaintiff is authorised to declare in the common…
2Cases cited1 opinion
- Holloway v. LoweSupreme Court of Alabama · 1838
3Cited by7 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Watkins v. SedberrySupreme Court of the United States · 1923
- Vincent v. RogersSupreme Court of Alabama · 1857
- Johnson v. GeraldSupreme Court of Alabama · 1927
- Elliott v. McClellandSupreme Court of Alabama · 1850
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