Browder v. Gaston
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. The record does not show the name of the presiding judge. The complaint in this case was in these words: “Gaston & Wellborn "i Tbe plaintiffs claim of tbe dews. ifendant tbe sum of $86 13, witb Isham 0. Browder. J its legal interest from tbe 8tb January, 1856, due by a promissory note, or due-bill, made by defendant to Joseph A. Salsbury, or bearer, dated tbe 8th January, 1856, for tbe sum of $66 13.” The judgment was by default.
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Appeal from the Circuit Court of Barbour. The record does not show the name of the presiding judge. The complaint in this case was in these words: “Gaston & Wellborn "i Tbe plaintiffs claim of tbe dews. ifendant tbe sum of $86 13, witb Isham 0. Browder. J its legal interest from tbe 8tb January, 1856, due by a promissory note, or due-bill, made by defendant to Joseph A. Salsbury, or bearer, dated tbe 8th January, 1856, for tbe sum of $66 13.” The judgment was by default. It is now assigned as error, 1st, that tbe complaint shows no cause of action in plaintiffs ; and, 2d, that tbe complaint…
1Opinion of the CourtStone, J.
Some of tbe forms of pleading, in civil proceedings, given in tbe Code, contain no averment of property, or ownership, in the plaintiff. Tbe form for a complaint “on promissory note by payee against maker,” p. 551; tbe form “for the recovery of chattels in specie,” p. 552, and several others, are in this condition. In every such case, the form given in tbe Code is sufficient. — See Letondal v. Huguenin, 26 Ala. 552; Pickens and Wife v. Oliver, 29 Ala. 528. But, when tbe complaint describes a cause of action which is, prima facie, tbe property of tbe plaintiff, there must be, to make it good,…
2Cases cited2 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Letondal v. HugueninSupreme Court of Alabama · 1855
3Cited by11 opinions
- Kelly v. MooreSupreme Court of Alabama · 1874
- City of Birmingham v. PrickettSupreme Court of Alabama · 1921
- Canadian Bank of Commerce v. LealeCalifornia Court of Appeal · 1910
- Douglas v. BeasleySupreme Court of Alabama · 1866
- Clark v. MosesSupreme Court of Alabama · 1874
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