German v. Brown & Leeper
Supreme Court of Alabama
Appeal from Sbelby Circuit Court. Heard before Hon John Pelham. This was an action begun by appellant to recover of appellee, fees alleged to have been retained which properly belonged to the estate. The facts- are sufficiently stated in the opinion of the court. There was judgment for defendants.
Read the full summary
Appeal from Sbelby Circuit Court. Heard before Hon John Pelham. This was an action begun by appellant to recover of appellee, fees alleged to have been retained which properly belonged to the estate. The facts- are sufficiently stated in the opinion of the court. There was judgment for defendants. A branch of this case has been to this court before. — German v. Broten, et al, 137 Ala. 429. — The court erred in permitting the defendants to- testify to a conversation they had with decedent at the time he employed them as attorneys to prosecute his suit against the pig iron and storage warrant…
1Opinion of the CourtDenson, J.
Assumpsit by M. L. E. German, as executrix of the estate of Joseph Verchot, deceased, plaintiff, against Browne & Leeper and Browne & Dryer and the individuals composing the two firms. The only count in the complaint claims of the defendants $2,500 for money had and received by the defendants to the use of the plaintiff on, to-wit, the 3rd day of July, 1900. The *367defendants filed eight, pleas. The seventh and eighth were disposed of by the court sustaining a demurrer to them. The first three, though differing in form, presented only the general issue. The fourth was a plea of payment, while…
2Cases cited14 opinions
- McGehee v. StateSupreme Court of Alabama · 1875
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
- Wood v. Brewer & BrewerSupreme Court of Alabama · 1882
- Causler v. WhartonSupreme Court of Alabama · 1878
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Poston v. GaddisSupreme Court of Alabama · 1979
- Bell v. StateSupreme Court of Alabama · 1933
- Jackson v. StateSupreme Court of Alabama · 1910
- Stanfill v. JohnsonSupreme Court of Alabama · 1909
- Taylor v. First National Bank of TuskaloosaSupreme Court of Alabama · 1966
13 more not listed; retrieve them via the Exa API.