Tanner v. White

Decided January 15, 1849

Supreme Court of Alabama · decided 1849-01-15

Before the Hon. Lemuel A. Gilkey. This was an action of assumpsit, brought by defendant, against plaintiffs in error, to recover of them the sum due on a promissory note, made by E. A. Reid. The declaration alleges, that Elizabeth Tanner, one of the plaintiffs in error, whilst she was unmarried, made the note, and that she did not, whilst unmarried, pay said note, nor have either of the defendants paid it, since their intermarriage.

Cited by 1 later decisions — most recently January 1850

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1849-01-15

View the full empirical analysis of this case →

DARGAN, J.

¶1The case of Strickland v. Burns, decided at the last term of this court, shows, that the declaration in this case is bad. It was there held, that if husband and wife be sued on a note given by wife dum sola, the marriage must be averred, and under the general issue, must be proved. Indeed, the rule is too plain to admit of doubt, that a declaration, which does not show the liability of a defendant, is bad, either on demurrer, or on error.

¶2Let the judgment be reversed, and the cause remanded.