Legal Opinion

Clark & Co. v. Goddard

Supreme Court of Alabama

Decided June 15, 1863PublishedCited by 14 opinions

Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. MoKinstby. This action was brought byj3. S. Goddard, an infant, wbo sued by bis mother and nest Mend, against W. G. Clark & Co., and was commenced on tbe 16th November, 1858. Tbe complaint, as amended, was as follows: “ Tbe plaintiff, toho is an infant under twenty-one years old, wbo sues by bis next friend and mother, A. M. Goddard, claims of tbe defendants two thousand dollars damages, for falsely and…

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Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. MoKinstby. This action was brought byj3. S. Goddard, an infant, wbo sued by bis mother and nest Mend, against W. G. Clark & Co., and was commenced on tbe 16th November, 1858. Tbe complaint, as amended, was as follows: “ Tbe plaintiff, toho is an infant under twenty-one years old, wbo sues by bis next friend and mother, A. M. Goddard, claims of tbe defendants two thousand dollars damages, for falsely and maliciously representing, on the 29th day of July, 1858, to H. Ballentine & Co., proprietors of tbe Tribune office, in which…

1Opinion of the CourtStone, J.

As the complaint now appears in the record, we do not think the city court erred in holding it good. It briefly, yet clearly, sets forth the grievances of which the plaintiff complains; and, under the rules of pleading prescribed by the Code, we think it sufficient. — Code, § § 222N-8; and form on page 554; 2 Chit. Pl. 641 k.

12-3.] The plea of justification admits that, at the time the appellee is alleged to have apprenticed himself to the appellants, he was a minor under twenty-one years of age. The contract is in form a deed, and constitutes a part of the plea. The question arises, are…

2Cases cited2 opinions

  1. Carter v. Balfour's Adm'rSupreme Court of Alabama · 1851
  2. Weaver v. JonesSupreme Court of Alabama · 1854

3Cited by14 opinions

  1. Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
  2. Flexner & Lichten v. DickersonSupreme Court of Alabama · 1882
  3. Philpot v. BinghamSupreme Court of Alabama · 1876
  4. Shropshire v. BurnsSupreme Court of Alabama · 1871
  5. Ex parte McFerrenSupreme Court of Alabama · 1913

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