Pollard v. Stanton
Supreme Court of Alabama
EkkoR to the Circuit Court of Montgomery. This was an action of assumpsit, brought by the plaintiff against the defendant in error and one Charles Labuzan, in the circuit court of Montgomery county. The declaration was in the usual form, for work and labor done; goods, wares and merchandize sold and delivered; for money laid out and expended; and for money paid and advanced, to the amount of thirty-five thousand dollars.
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EkkoR to the Circuit Court of Montgomery. This was an action of assumpsit, brought by the plaintiff against the defendant in error and one Charles Labuzan, in the circuit court of Montgomery county. The declaration was in the usual form, for work and labor done; goods, wares and merchandize sold and delivered; for money laid out and expended; and for money paid and advanced, to the amount of thirty-five thousand dollars. In the mean time, Labuzan died, and the action abated as to him. The defendant, Stanton, relied for his defence on the pleas of 1. Non-assumpsit. 2. Payment. 3. Set-off and…
1Opinion of the CourtClay, J.
The first question which seems to be presented by the record, is whether the circuit court erred in overruling the demurrer to the 4th plea? That plea was put down in short, by consent, we presume, and is in these words: “ Partnership between plaintiff and defendants.” To this plea there was a demurrer, in short, which was overruled by the court, and we think incorrectly. It is a great convenience to the bar, to save the unnecessary and unprofitable labor of writing out many of the ordinary pleas, the substance and legal effect of which are as well understood by their respective names, as if…
2Cases cited2 opinions
- Samuel Sprigg, in Error v. The Bank of Mount PleasantSupreme Court of the United States · 1836
- Gayle v. RandleSupreme Court of Alabama · 1836
3Cited by7 opinions
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Carmelich v. MimsSupreme Court of Alabama · 1889
- Alabama Life Insurance & Trust Co. v. PettwaySupreme Court of Alabama · 1854
- Smith v. HuieSupreme Court of Alabama · 1848
- Reid v. NashSupreme Court of Alabama · 1853
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