Coleman v. Chambers
Supreme Court of Alabama
Appal -from tlie Circuit Court of St. Clair. Tried before the I-Iou. Joi-in Pelham. The original action in this case was brought by the appellee, J. T. Chambers, against the Lathrop-Hatton Lumber Company; and sought to recover an amount agreed to be paid by the defendant to the plaintiff for timber furnished by the plaintiff to the defendant.
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Appal -from tlie Circuit Court of St. Clair. Tried before the I-Iou. Joi-in Pelham. The original action in this case was brought by the appellee, J. T. Chambers, against the Lathrop-Hatton Lumber Company; and sought to recover an amount agreed to be paid by the defendant to the plaintiff for timber furnished by the plaintiff to the defendant. The Lathrop-Hatton Lumber Company made an affidavit as required, by section 2633 of the Code of 1896, in which it stated that the appellant, James R. Coleman, who was not a party to the suit, claimed to own the lands from which the timber was sold by the…
1Opinion of the Court
DOWDELL, Ji
'Section 2144 of the Code of 1852, which is substantially the same as section 2633 of the present Code, at least, in so far as the question here involved is concerned, received a construction by this court in the ease of Nelson v. Goree’s Admr., 34 Ala. 574. In Nelson’s Case, this court cites approvingly- the case of Sherman v. Partridge, 11 How. Pr. Rep. 154, in which latter case the New York -statute, which is substantially the same as ours, was construed by the New York court. The claim of the party offered to be substituted as de*618fendant, to the debt or money in controversy in…
2Cases cited3 opinions
- Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
- Johnson v. MaxeySupreme Court of Alabama · 1869
- Sherman v. PartridgeThe Superior Court of New York City · 1855
3Cited by11 opinions
- Stewart v. SampleSupreme Court of Alabama · 1910
- Marsh v. Mutual Life Ins. Co.Supreme Court of Alabama · 1917
- First Nat. Bank of Mobile v. BurchSupreme Court of Alabama · 1939
- H. C. Schrader Co. v. A. Z. Bailey Groc. Co.Alabama Court of Appeals · 1917
- Lokey v. WardSupreme Court of Alabama · 1934
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