Posey v. Hair
Cases that cite this one
5 later published cases cite this decision.
- Societa Italiana Mutua Beneficenza Vittorio Emanuele III Di Ensley v. Lovoy (Ala. 1935)
- Industrial Sav. Bank v. Greenwald (Ala. 1935)
- Jones v. Keith (Ala. 1931)
- Jefferson County v. Gulf Refining Co. (Ala. 1919)
- Weller & Co. v. Camp (Ala. 1910)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The certainty which is required in a declaration, or plea, is such a statement of the facts constituting the cause of action, or ground of defence, as will enable them to be understood by the party who is to answer them, the jury who are to ascertain their truth, and by the court which is to give the judgment. [Chit. PI. 212.] Nor will the introduction of the words certain debt, or certain-sum, be of any avail, if the debt or sum is not otherwise sufficiently stated. [Ib. 216.] The counts overruled are clearly deficient in this kind of certainty, and therefore the demurrer was properly sustained.
Judgment affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.