Powell v. Henry & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This action was brought by Sam. Henry and James F. Henry, suing as partners comprising the firm of Sam.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This action was brought by Sam. Henry and James F. Henry, suing as partners comprising the firm of Sam. Henry & Co., against William Powell, to xecoYer one mule, a wagon, several cows, etc., particularly described in the complaint; and was commenced on the 31st January, 1887. The defendant pleaded, (1) the general issue, [2) that he does not owe the debt sued on, (3) payment, and (4) a special plea which is described in the opinion. The defendant withdrew the first, second, and third pleas. The plaintiffs demurred…
1Opinion of the CourtMcCLELAN, J.
1. The record of this cause in the court below, as the same is copied and certified in the transcript before us, does not show that issue was ever joined on defendant’s pleas prior to the interposition of the demurrers to said pleas which were filed on the 4th of March, 1891. The joinder of issue is a fact which must appear of record in the primary court, and will not be at all considered here if brought to our attention only in a bill of exceptions which, though a part of the record of the cause in this court for the purposes of appeal, is no part of the record in the court below. Similarly,…
2Cases cited25 opinions
- Jaques v. HortonSupreme Court of Alabama · 1884
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Hodge v. StateSupreme Court of Alabama · 1892
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- Hutchings v. . MungerNew York Court of Appeals · 1869
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3Cited by13 opinions
- Wright v. StateSupreme Court of Alabama · 1902
- Meyer v. National Fire InsuranceNorth Dakota Supreme Court · 1936
- Roll v. DockerySupreme Court of Alabama · 1929
- South Carolina Cotton Growers' Co-Op. Ass'n v. WeilSupreme Court of Alabama · 1929
- Hamilton v. StateSupreme Court of Alabama · 1906
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