Chamberlain v. Darrington
Supreme Court of Alabama
This was an action of assumpsit, tried in the Circuit Court of Washington, and prosecuted by Bar-rington vs Chamberlain.
Read the full summary
This was an action of assumpsit, tried in the Circuit Court of Washington, and prosecuted by Bar-rington vs Chamberlain. The plaintiff declared, for that, theretofore, to wit, on the twenty-ninth day of April, A. D. eighteen hundred and nineteen, at, &e. the said Barring-ton, together with R. W. Carter, made their certain writing obligatory, sealed with their seals, and bearing date the same day and year aforesaid; and thereby, then and there promised on or before ike twenty-eighth day of April, A. D. eighteen hundred and twenty-one, to pay--, or bearer, one hundred and fifty dollars, with…
1Opinion of the CourtGoldthwaite, J.
— The first assignment in error, presents for the consideration of this Court, the question, whether there be any sufficient declaration in the cause'?
On examination of the record, we find, in addition to a count on a written instrument, which will be subsequently considered, a count for money had and received; which is framed in strict conformity with the most approved precedents. We may therefore dismiss the consideration of this assignment, with the observation, that the general rule is the same, after error brought, as that which prevails on a demurrer to the whole declaration. If thpre…
2Cases cited1 opinion
- Carrington v. CallerSupreme Court of Alabama · 1829
3Cited by5 opinions
- Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
- Milton v. DeYampertSupreme Court of Alabama · 1842
- Click v. M'AfeeSupreme Court of Alabama · 1838
- Thompson v. HallSupreme Court of Alabama · 1849
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917