Cunningham v. Fontaine
Supreme Court of Alabama
ERROR to the City Court of Mobile. Tried before the Hon. Alex. McKiNStry. Assumpsit by "Robert C. Cunningham against Eliza Fon-taine. The declaration contained three counts, the first of which is the common indebitatus count for goods, wares and merchandise furnished by plaintiff to defendant at her special instance and request.
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ERROR to the City Court of Mobile. Tried before the Hon. Alex. McKiNStry. Assumpsit by "Robert C. Cunningham against Eliza Fon-taine. The declaration contained three counts, the first of which is the common indebitatus count for goods, wares and merchandise furnished by plaintiff to defendant at her special instance and request. The second count alleges, that the defendant, at the time the goods, &c., were delivered, was the wife of one B. B. Fontaine, and that they lived together as man and wife in this State ; that while they were thus living together as man and wife, and supporting and…
1Opinion of the CourtGoldthwaxte, J.
The original judgment entry in this case recited, that the defendants had demurred to the declaration, and a judgment in favor of the defendants on the *648demurrer. Upon this judgment a writ of error was sued out, during the pendency of which a motion was made in the court below to amend the judgment nunc pro tunc, so as to show that the demurrer was to the second and third counts, and not to the declaration generally. This motion was granted, the judgment amended, and the record as amended brought up by certiorari. It is urged on the part of the plaintiff in error, that the judgment nunc pro…
2Cases cited3 opinions
- Moore v. HornSupreme Court of Alabama · 1843
- Henry v. HickmanSupreme Court of Alabama · 1853
- Hefflin v. McMinnSupreme Court of Alabama · 1830
3Cited by19 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Seymour & Sons v. Thomas Harrow Co.Supreme Court of Alabama · 1886
- Kindel v. Beck & Pauli Lithographing Co.Supreme Court of Colorado · 1893
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
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