Ledyard v. Manning
Supreme Court of Alabama
THE defendant in error brought an action of assumpsit against the plaintiff’ in the circuit court of Pickens, on'a writing,, dated the twenty-third day of November, 1836, by which the plaintiff in error promised the defendant to pay to him on the-twenty-fifth day of December, eighteen hundred and thirty-eight the sum of five hundred and eighty-two dollars and fifty cents. 11 Provided” he would make to him (the plaintiff) “a satisfactory deed of two lots of land, in the town…
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THE defendant in error brought an action of assumpsit against the plaintiff’ in the circuit court of Pickens, on'a writing,, dated the twenty-third day of November, 1836, by which the plaintiff in error promised the defendant to pay to him on the-twenty-fifth day of December, eighteen hundred and thirty-eight the sum of five hundred and eighty-two dollars and fifty cents. 11 Provided” he would make to him (the plaintiff) “a satisfactory deed of two lots of land, in the town of Vienna,” which-lots were purchased of the defendant in error by the plaintiff.. The declaration avers that the…
1Opinion of the CourtCollier, C. J.
— 1. In Wheelock v. Fitch, [3 Porter’s Rep. 387,] it was held to be error to try a case as on issue joined, when there was a demurrer in the record to the plea, which did not appear to have been disposed of. But this ease has been overruled by a late adjudication, and it is now settled that after a trial by jury, the demurrer will be considered as waived, and the parties understood to have gone to trial, without requiring an issue to be made up. This view being decisive of the first point, we are relieved from the necessity of enquiring whether the declaration and the second plea are…
2Cited by7 opinions
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Gentry v. RogersSupreme Court of Alabama · 1867
- Brady v. GreenSupreme Court of Alabama · 1909
- McKleroy v. TulaneSupreme Court of Alabama · 1859
- Alabama Tailoring Co. v. JudkinsSupreme Court of Alabama · 1921
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