Carter v. Fischer
Supreme Court of Alabama
Api>eal -from tlxe Circuit Court of Mobile. Tried before 'the I-Ion. William S. Anderson. This action was brought by the appellée against the appellant;' on October 1st, 1898. The complaint contained three counts.
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Api>eal -from tlxe Circuit Court of Mobile. Tried before 'the I-Ion. William S. Anderson. This action was brought by the appellée against the appellant;' on October 1st, 1898. The complaint contained three counts. The first was a' common count, claiming $131.20 due from defendant by account on June 27th, 1898. The second was on an account stated ■on June 27th, 1898; and the third was for goods, wares and. merchandise sold by the plaintiff to the defendant on June 27, 1898.- In the title to the complaint the plaintiff was described as “M. Fischer.” The defendant pleaded in abatement that the…
1Opinion of the CourtSharpe, J.
After confession of the plea in abatement and leave obtained to amend the complaint, without further objection the cause was proceeded with and subsequent pleadings on both sides were conducted, in the plaintiff’s name as it had been furnished in the plea. By so proceeding without requiring the plaintiff to actually amend, the defendant will be held to have waived the irregularity, and to have consented to treat the complaint as amended to conform to his plea.
Pleas 3, 10 and 11 are each bad. A married woman’s contractual incapacity as it existed under the Code of *631886 was intended for lier…
2Cases cited6 opinions
- Scarbrough v. Borders & Co.Supreme Court of Alabama · 1896
- Lagerfelt v. McKieSupreme Court of Alabama · 1893
- Marion v. Regenstein & Co.Supreme Court of Alabama · 1893
- Cole v. Propst Bros.Supreme Court of Alabama · 1898
- Baker v. Troy Compress Co.Supreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Rademaker v. E. D. Flynn Export Co.Court of Appeals for the Fifth Circuit · 1927
- Doggett v. DoggettSupreme Court of Oklahoma · 1921
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- United States v. ForbesDistrict Court, M.D. Alabama · 1919
5 more not listed; retrieve them via the Exa API.