Lutz v. Van Heynigen Brokerage Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action by E. Lutz against the Van Heynigen Brokerage Company. Plaintiff moved for a stay during the war between the United States and Germany. The motion was overruled, and plaintiff took a nonsuit, and now appeals.
1Opinion of the CourtSayre, J.
Plaintiff, appellant, brought this action in May, 1915. At and prior to that time, plaintiff, a German subject, resided and did business at Pensacola, Fla. A judgment for defendant was on plaintiff’s appeal reversed by this court, April 26, 1917. 75 South. 284. When the cause came on again for trial in the circuit court, October 27, 1917, it appeared that plaintiff had been interned as a dangerous alien at Ft. McPherson in the state of Georgia, and on that ground, and because his presence as a party and a witness was necessary to the proper conduct of his case, plaintiff moved the court that…
2Cases cited6 opinions
- Lutz v. Van Heynigen Brokerage Co.Supreme Court of Alabama · 1917
- White v. StateSupreme Court of Alabama · 1888
- Caperton v. BowyerSupreme Court of the United States · 1872
- Kelly v. StateSupreme Court of Alabama · 1909
- Plettenberg, Holthaus & Co. v. I. J. Kalmon & Co.District Court, S.D. Georgia · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Jarvis v. StateSupreme Court of Alabama · 1930
- Ex Parte DriverSupreme Court of Alabama · 1952
- J. PEREZ, SA v. Louisiana Rice Growers, Inc.Louisiana Court of Appeal · 1962
- Roberson v. McCarleySupreme Court of Alabama · 1953
3 more not listed; retrieve them via the Exa API.