Whitaker v. Van Horn
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before Hon. H. Chamberlain. The facts appear fully in the opinion. The discontinuance of the suit against O. P. Hall, is a discontinuance of the whole action. — See Rebles v. Ford & Fining, 5 Ala. 183 ; Givens v. Robins & Painter, 5 Ala. 677 ; Ivey v. Gamble, 7 Barb. 545. The objection was taken in the court below by motion in arrest of judgment. — See Blount v. McNeil, 29 Ala. 473; Stewart v. Goode & Ulrich, ib. 476. The record…
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Appeal from the Circuit Court of Mobile. Tried before Hon. H. Chamberlain. The facts appear fully in the opinion. The discontinuance of the suit against O. P. Hall, is a discontinuance of the whole action. — See Rebles v. Ford & Fining, 5 Ala. 183 ; Givens v. Robins & Painter, 5 Ala. 677 ; Ivey v. Gamble, 7 Barb. 545. The objection was taken in the court below by motion in arrest of judgment. — See Blount v. McNeil, 29 Ala. 473; Stewart v. Goode & Ulrich, ib. 476. The record shows the objection not to be earlier. The case cited by appellees does not apply, for the objection there was under…
1Opinion of the Court
PETERS,- J.
John D. Yan Horn, appellee, sued James G. Whitaker and O. P. Hall, by summons and complaint, in the city court of Mobile, for $821 18, the same being the amount of two accounts; one for $581 18, and the other for $240. Said suit was commenced on the 6th day of May, 1867. Both defendants were regularly served with process, and both appeared in court and separately pleaded the *257“general issue.” The cause then proceeded to trial, and it was submitted to the jury on this issue. The verdict of the jury and the judgment of the court were in these words: “We, the jury, find for the…
2Cases cited9 opinions
- Walker v. ChapmanSupreme Court of Alabama · 1853
- Walker v. CuthbertSupreme Court of Alabama · 1846
- Adkins v. AllenSupreme Court of Alabama · 1827
- Forrester v. ForresterSupreme Court of Alabama · 1864
- Ivey v. GambleSupreme Court of Alabama · 1838
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3Cited by5 opinions
- Reynolds v. SimpkinsSupreme Court of Alabama · 1880
- Curtis v. GainesSupreme Court of Alabama · 1871
- Bachus v. MickleSupreme Court of Alabama · 1871
- Reed v. SummersSupreme Court of Alabama · 1885
- Ex parte HallSupreme Court of Alabama · 1872