Lewis v. Myers
LEWIS v. WM. MYERS
- Area
- civil
- Panel
- Solomon Heydenfeldt (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydenfeldt
Heydenfeldt, Justice, delivered the opinion of the court. Murray, Chief Justice, concurred.
The declaration is upon a note, and there is but the one count.
The court finds that the note was never given, but that the amount of indebtedness from the defendant to plaintiffs, was for merchandise sold.
There is no. plainer principle than that the allegata and prohate must correspond.
The finding is against the averments, and it follows that the latter cannot support the judgment.
Judgment reversed, and cause remanded.
Cited by
- Gyle v. Shoenbar · 1863-07-01