Wilkinson v. Moseley
Supreme Court of Alabama
Appeal from tlio Circuit. Court of Montgomery. Tried before tbe llou. John Gill Siioetee. This action was brought by Robert A. Moseley against Beverly N. Wilkinson, to recover damages for the loss of a hired slave.
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Appeal from tlio Circuit. Court of Montgomery. Tried before tbe llou. John Gill Siioetee. This action was brought by Robert A. Moseley against Beverly N. Wilkinson, to recover damages for the loss of a hired slave. The case was before this court at two former terms, and was each time reversed and remanded.— See 18 Ala. 288 ; 24 Ala. 411. A demurrer was sustained to the whole declaration, on account of a misjoinder of counts ; and leave was granted to the plaintiff to amend, on payment of costs. The plaintiff' then filed a new declaration, containing three counts, the last of which was a count…
1Opinion of the CourtStone, J.
The question of a misjoinder of counts has been frequently considered in this court, and it has been invariably held, that the defect can be taken advantage of on general demurer. — Copeland v. Flowers, 21 Ala. 472; Sheppard v. Furniss, 19 Ala. 760; Jefford v. Ringgold, 6 Ala. 544.
2. The power of the court to permit an amendment, after a demurrer for misjoinder of counts has been sustained, seems not to have been heretofore considered in this court. The English authorities are not entirely in harmony on the question of the effect of such misjoinder. See Jennings v. Newman, 4 T. R. 347; 1…
2Cases cited15 opinions
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- Milton v. RowlandSupreme Court of Alabama · 1847
- Eckles v. BatesSupreme Court of Alabama · 1855
- Francis v. Ocean Insurance Co.New York Supreme Court · 1826
- Sheppard v. FurnissSupreme Court of Alabama · 1851
10 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Beaubien v. CicotteMichigan Supreme Court · 1864
- Carthage Turnpike Co. v. AndrewsIndiana Supreme Court · 1885
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