Cabiness v. Brown

Supreme Court of Alabama
Cabiness v. Brown, 1 Minor 41 (Ala. 1821)
Clay, Lipscomb, Vetó

Cabiness v. Brown

Opinion of the Court

Judge Lipscomb

delivered the opinion of the Court.

The statement of .the Contract, and the only material part of the averment, was proved as set out in the declaration. The other part of the averment, taken separately from the first, was immaterial, and not calculated to mislead, and it was unnecessary to prove it.

Judgment affirmed. (3 Cra. 193, 208.)

Judges Clay and ¡Vetó not sitting.

Reference

Full Case Name
Cabiness against Brown
Status
Published