Humphrey v. Whitten
Supreme Court of Alabama
Error to the Circuit Court of Lauderdale. Tried before the Hon. Daniel Coleman. Trover by the defendant against the plaintiff in error for the conversion of a horse. The defendant was declared against by the name of James Humphreys and filed as a plea “that he now is and always was called and known by the name of James Humphrey, and not James Humphreys^ as by the plaintiff’s writ is supposed: wherefore he prays judgment of said writ that the same be quashed.”
Read the full summary
Error to the Circuit Court of Lauderdale. Tried before the Hon. Daniel Coleman. Trover by the defendant against the plaintiff in error for the conversion of a horse. The defendant was declared against by the name of James Humphreys and filed as a plea “that he now is and always was called and known by the name of James Humphrey, and not James Humphreys^ as by the plaintiff’s writ is supposed: wherefore he prays judgment of said writ that the same be quashed.” To this plea, which was sworn to by the defendant, the plaintiff demurred, and the court sustained the demurrer. The ruling of the…
1Opinion of the Court
PARSONS, J-
In spelling and 'in sound there is a perceptible difference between ihe names of Humphreys and Humphrey. They arc different names. The plea in this respect is therefore good. But the plea concludes neither with a verification, nor to the country. It denies the sur-name, Humphreys, by which the defendant is sued, and avers his true surname to be Humphrey. This last is new matter, aud, of course, the plea should have concluded with a verification, in order that the plaintiff might have an opportunity to answer it. — 1 Saunders’ R. 103, n. 1; Service v. Heermance, 1 Johns. R. 90. The…
2Cases cited1 opinion
- Casey v. ClevelandSupreme Court of Alabama · 1838
3Cited by9 opinions
- Munkers v. StateSupreme Court of Alabama · 1888
- Jacobs v. StateSupreme Court of Alabama · 1878
- Sloss-Sheffield Steel & Iron Co. v. MilbraSupreme Court of Alabama · 1911
- Wells v. StateSupreme Court of Alabama · 1914
- Noble v. StateSupreme Court of Alabama · 1903
4 more not listed; retrieve them via the Exa API.