39 Ala. 351
Decided January 15, 1864
Supreme Court of Alabama · decided 1864-01-15
Tried before the Hon. H. Chaiíbeelain. The appellee in this ease filed a libel, on the 20th June, 1861, against the steamboat P. G. Wallis, alleging that, “ at the instance of the master and his agents, within six months last past, and while the said steamboat was navigating the waters of this State, he performed services on said boat, to the amount of $88, an account of which is hereto attached; that the particulars of said account are more fully shown by the account…
Decided 1864-01-15
¶1It seems to us that ;tbe libel is fatally defective, in omitting to show that tbe bbebant rendered tbe services, for wbicb be sues, in some one of tbe capacities specified in tbe latter clause of section 2692 of tbe Code, or that tbe services were rendered for one of tbe objects specified in tbe former clause. "We therefore tbint that tbe court erred in not bolding tbe bbel insufficient, and in proceeding to render judgment upon it,
¶2Reversed and remanded.