Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DAWSON v. HAYGOOD.

RICE, J.

This was a suit by appellee against appellant for $15, alleged to be due for the rent of a house, which amount was raised by amendment to $30, before the trial.

Appellant filed a plea of set-off, which plea undertook to set up the fact that appellee was due him $300 for the breach of a contract for the rental of land, etc.

It is well settled that a plea of set-off should be as certain as to the damages sought to be set off, as if it were an original action brought by the defendant for that particular demand. Greer v. Malone-Beall Co., 180 Ala. 602, 61 So. 285.

Measured by this rule, it is apparent that appellee's demurrers were properly sustained to appellant's plea referred to.

The trial court's action in sustaining said demurrers being the only matter presented for our consideration, the judgment appealed from is, accordingly, affirmed.

Affirmed.

Use AI to get other relevant cases.

Comments

DAWSON v. HAYGOOD
(Oct 6, 1931)