Smith v. Wooding
Supreme Court of Alabama
ERROR to the Circuit Court of Tallapoosa. Tried before the Hon. E. Pickens. This was an action of assumpsit by "Wooding against Smith, for the use and occupation of land.
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ERROR to the Circuit Court of Tallapoosa. Tried before the Hon. E. Pickens. This was an action of assumpsit by "Wooding against Smith, for the use and occupation of land. The plaintiff proved, “that he sold the defendant a tract of land by a verbal contract, and put him in possession; that defendant was to pay him $500 down, and $500 twelve months after, and was to enter into a written contract with plaintiff respecting the land, to be drawn up by one Pickard, and that defendant failed to pay plaintiff according to the contract. It also appeared in evidence that defendant informed one…
1Opinion of the CourtPhelan, J.
Tbe counsel for tbe plaintiff in error, in *328tbe brief which he has submitted, argues very strenuously, that it was the duty of the court to have dismissed the suit of the plaintiff below, upon the statement made by him, that it was prosecuted for the benefit of another, and that he had been indemnified against the payment of costs, upon the ground, that it is the duty of the cour., “ to prevent its process from being abused, and turned into instruments of vexation and oppression.’’ In the first place, the record does not show, that any exception was taken by the defendant to the refusal of the…
2Cases cited3 opinions
- Hunt v. StewartSupreme Court of Alabama · 1845
- Davidson v. ErnestSupreme Court of Alabama · 1845
- Hrabowski's Ex'rx v. Herbert, Daniel & Co.Supreme Court of Alabama · 1842
3Cited by10 opinions
- Sievers v. BrownOregon Supreme Court · 1899
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Carter v. OdomSupreme Court of Alabama · 1898
- Steed v. HinsonSupreme Court of Alabama · 1884
- Richmond & Danville Railroad v. HuttoSupreme Court of Alabama · 1893
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