Tanner v. White

Supreme Court of Alabama

Tanner v. White

15 Ala. 798

CourtSupreme Court of Alabama

DecidedJanuary 15, 1849

StatusPublished

Cited by1 cases

This text of 15 Ala. 798 (Tanner v. White) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tanner v. White, 15 Ala. 798 (Ala. 1849).

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Opinion

DARGAN, J.

The 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.

Let the judgment be reversed, and the cause remanded.

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DARGAN, J.

The 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.

Let the judgment be reversed, and the cause remanded.

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Bluebook (online)

15 Ala. 798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tanner-v-white-ala-1849.

Opinion

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