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2 Stew. 472

Maury v. Olive

Supreme Court of Alabama

Decided January 15, 1830

Supreme Court of Alabama · decided 1830-01-15

In Franklin Circuit Court, J. W. Maury brought an action of assumpsit against Ira Olive. The declaration contained two counts.

Cited by 1 later decisions — most recently November 1910

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1830-01-15

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By JUDGE PERRY.

¶1The qifestion presented for the consideration of this Court, is, does the declaration shew a good cause of action? We are of opinion it does not, because the plaintiffhas not shewn in what respect the defendant is indebted, and although it would not be necessary in a declaration to state the particular work done, or goods sold; yet it should appear that it was not a debt of record, or specialty, but only a simple contract, and any general words by which that would appear, would be sufficient. The plaintiff, therefore, not having stated in his declaration, the consideration out of which the indebtedness of the defendant grew, the demurrer was properly susta.ined.a

¶2Judgment affirmed.

¶3j Ch;tt ^ 337,

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