Sharp v. Burns & Coles
Supreme Court of Alabama
Appeal from the Circuit Court of'Dallas. Tried before the Hon. Nat. Cook. This action was brought by the appellees, as partners, against Benjamin T. Sharp and Maria, his wife; and was commenced on the 15th October, 1857. The complaint, as amended, contained three counts, which were iu the following words: “ The plaintiffs claim of the defendants $2,000, due by account on the 1st January, 1857, for merchandise, goods and chattels, sold and furnished, and money loaned and…
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Appeal from the Circuit Court of'Dallas. Tried before the Hon. Nat. Cook. This action was brought by the appellees, as partners, against Benjamin T. Sharp and Maria, his wife; and was commenced on the 15th October, 1857. The complaint, as amended, contained three counts, which were iu the following words: “ The plaintiffs claim of the defendants $2,000, due by account on the 1st January, 1857, for merchandise, goods and chattels, sold and furnished, and money loaned and furnished, by plaintiffs to defendants, prior to that time; and plaintiffs aver, that said Maria Sharp has a separate…
1Opinion of the Court
A. J. WALKER, O. J.
The second and third counts of the complaint are not defective in the particulars mentioned in the first, second, third, fourth, fifth, sixth, and eighth assignments of demurrer. The objection made in the seventh assignment of demurrer is not valid. It was not necessary, at common law, in a suit upon an account, *662to specify the several articles of goods, wares and merchandise charged; nor is there any reason why it should be required in a proceeding under section 1987 of the Code. — 2 Chitty on Pleading, 55-56. There was no error in overruling the demurrer to the second and…
2Cases cited9 opinions
- Taylor v. KellySupreme Court of Alabama · 1857
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Kirkland v. OatesSupreme Court of Alabama · 1854
- Kidd v. MontagueSupreme Court of Alabama · 1851
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3Cited by16 opinions
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- Bender v. Meyer & Co.Supreme Court of Alabama · 1876
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