Philips & Buttorff M'f'g Co. v. Wild Bros.
Supreme Court of Alabama
Appeal from Conecuh Circuit Court. Heard before the Hou. J. C. Richardson. 'The suit in this case Aims commenced before a justice of the peace by Phillips & Buttorff M’f’g. Co., to recover of Wild Brothers the price of certain stoves sold by plaintiff to defendant. A judgment Avas rendered in favor of defendant, and plaintiff appealed to the circuit court of Conecuh county.
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Appeal from Conecuh Circuit Court. Heard before the Hou. J. C. Richardson. 'The suit in this case Aims commenced before a justice of the peace by Phillips & Buttorff M’f’g. Co., to recover of Wild Brothers the price of certain stoves sold by plaintiff to defendant. A judgment Avas rendered in favor of defendant, and plaintiff appealed to the circuit court of Conecuh county. Upon the trial in the circuit court, the plaintiff filed a complaint on a verified account for merchandise sold to defendant. The defendant pleaded the- general issue, and interposed a number of pleas claiming set-off. The…
1Opinion of the CourtSimpson, J.
The record in this case shows that the defendants, by leave of the court, amended their pleas, and issue was joined. No demurrers were filed to the pleas as amended, and the record does not show what the amendments were. Consequently this court cannot say Avhat pertinency the demurrers to the pleas before amendment had.
For the same reason we cannot say that, the court erred in allowing the witnesses Wild to testify about the “Pieces of stoves which defendants claimed were broken,” although the 6th original plea did make claim *548for such pieces. As to the other ground of the 5th assignment, the…
2Cases cited7 opinions
- Elwell v. . ChamberlinNew York Court of Appeals · 1864
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Haskell v. StarbirdMassachusetts Supreme Judicial Court · 1890
- Busch v. WilcoxMichigan Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Mid-Continent Life Ins. Co v. BeasleySupreme Court of Alabama · 1918
- Bell, Rogers & Zemurray Bros. v. JenkinsSupreme Court of Alabama · 1930
- Brenard Mfg. Co. v. CannonSupreme Court of Alabama · 1923
- J. B. Colt Co. v. PriceSupreme Court of Alabama · 1923
8 more not listed; retrieve them via the Exa API.