Leach, Harrison & Forwood v. Bush
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. John Elliott. Bush, Fogle & Greer commenced suit, by attachment, against Leach, Harrison & Forwood, the appellants, to recover damages of the latter for certain breaches and omissions of duty, hereinafter more particularly noticed, with respect to a consignment of cotton to defendants, for sale on account of the plaintiffs.
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Appeal from Circuit Court of Mobile. Tried before Hon. John Elliott. Bush, Fogle & Greer commenced suit, by attachment, against Leach, Harrison & Forwood, the appellants, to recover damages of the latter for certain breaches and omissions of duty, hereinafter more particularly noticed, with respect to a consignment of cotton to defendants, for sale on account of the plaintiffs. Greer died shortly afterwards, and the complaint was filed in the name of Albert P. Bush and John C. Bogle, surviving partners of the late firm of Bush, Greer & Bogle, who sue to the use of Albert P. Bush. The…
1Opinion of the CourtStone, J.
Ve propose not to consider any question raised on the affidavit or writ of attachment, or on the motion made in the court below, to reject the complaint as not supported by the affidavit. If there ever was anything in • either one of these objections, it has been waived and healed by appearance by defendants, setting the case for trial on issues of fact, and by taking testimony for the defense ; all of which was done before the motion was made.—Marshall v. White, 8 Por. 551; Jordan v. Hazzard, 10 Ala. 221; 1 Brick. Dig. 164, §§ 145,146,147; Watson v. Auerbach, at present term.
Moreover, there…
2Cases cited5 opinions
- Stewart v. Goode & UlrickSupreme Court of Alabama · 1856
- Jordan v. HazardSupreme Court of Alabama · 1846
- Cox v. EasleySupreme Court of Alabama · 1847
- McGill v. MonetteSupreme Court of Alabama · 1860
- Jarman v. McMahon's Adm'rSupreme Court of Alabama · 1861
3Cited by56 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
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