McMillian v. Wallace
Supreme Court of Alabama
At the spring term 1826, of Tuscaloosa Circuit Courl> J. S. Wallace declared against J. McMillian, in an action of assumpsit, on a special contract reserving rent. Besides the special count, the declaration contained one for use and occupation, and the common counts.
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At the spring term 1826, of Tuscaloosa Circuit Courl> J. S. Wallace declared against J. McMillian, in an action of assumpsit, on a special contract reserving rent. Besides the special count, the declaration contained one for use and occupation, and the common counts. Pendente lite, the defendant was garnisheed by one of the creditors of Wallace, and judgment was awarded against him, on his answer to the garnishment, at the spring term 1827 of said Court, for the sum of one hundred and fifty dollars; which sum he paid. This payment he pleaded to the declaration in the form of a plea puis…
1Opinion of the Court
By LIPSCOMB, Chief Justice.
We shall say nothing about the regularity of going to trial on the former''— pleas, after the plea/mi.? darrein continuance had been withdrawn, because that seems to have been done by consent. The first objection is to the refusal to permit the evidence of payment of one hundred and fifty dollars. The point growing out of the assignment, is one on which the practice has been quité unsettled. There is no question but the general rule is, that no matter subsequent to the commencement of the suit can be given in evidence under the general issue, because a defence…
2Cited by6 opinions
- Lewis v. PaullSupreme Court of Alabama · 1868
- Nelson v. WebbSupreme Court of Alabama · 1875
- Martin v. RushtonSupreme Court of Alabama · 1868
- Newell Contracting Co. v. LacySupreme Court of Alabama · 1934
- Hendrickson v. HutchinsonSupreme Court of New Jersey · 1861
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