Legal Opinion

Gilbert v. Gwin-McCollum Funeral Home, Inc.

Supreme Court of Alabama

Decided November 20, 1958No. 6 Div. 320PublishedCited by 13 opinions

1Opinion of the Court

MERRILL, Justice.

Appellant, plaintiff below, appeals from a judgment of involuntary nonsuit after an adverse ruling of the court in sustaining demurrers of appellee, defendant below, to each count of the complaint, as amended. The amended complaint consisted of three counts, styled Counts One and Two and Count A. Count One is in negligence and Count Two is for the breach of an implied contract. Count A is substantially the same as Count One, and appellant asserts in brief that it is this count in which he places the greatest reliance. The reporter will set out Count A and grounds of demurrer…

2Cases cited22 opinions

  1. Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
  2. Duke v. GainesSupreme Court of Alabama · 1932
  3. Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
  4. Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
  5. City of Bessemer v. BrantleySupreme Court of Alabama · 1953

17 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State Farm Fire & Cas. Co. v. OwenSupreme Court of Alabama · 1999
  2. Broyles v. Brown Engineering Co.Supreme Court of Alabama · 1963
  3. Water Works & Sanitary Sewer Board of the City of Montgomery v. NormanSupreme Court of Alabama · 1968
  4. Alabama Power Co. v. AlexanderSupreme Court of Alabama · 1979
  5. Calvert Fire Insurance Company v. GreenSupreme Court of Alabama · 1965

8 more not listed; retrieve them via the Exa API.

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