Fitts v. Phœnix Auction Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by the Phoenix Auction Company against Prank Fitts and others. Prom a judgment for plaintiff, defendants appeal. The court erred in sustaining plaintiff’s demurrer to the plea. The court erred in overruling defendant’s motion to strike parts of the several counts of the complaint. The court erred in sustaining plaintiff’s demurrer to the defendant’s several pleas.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by the Phoenix Auction Company against Prank Fitts and others. Prom a judgment for plaintiff, defendants appeal. The court erred in sustaining plaintiff’s demurrer to the plea. The court erred in overruling defendant’s motion to strike parts of the several counts of the complaint. The court erred in sustaining plaintiff’s demurrer to the defendant’s several pleas. The court erred in giving the several charges requested by the defendant. The court erred in refusing the several charges requested by the defendant. No…
1Opinion of the CourtHaralson, J.
— The defendants below, appellants, file 128 assignments of error, none of which are referred to in what purports to be brief of counsel, except 5. These assignments of error are not insisted on in argument by defendants’ counsel.
They do no more than refer to the assignments of error and counsel say in brief, that the court erred in these *636several matters, the insistance being no more, than that the court erred therein. This must be regarded as' a waiver of the several assignments. — Kenan v. Lindsay, 127 Ala. 273, 28 South. 570; Pearson v. Adams, 129 Ala. 169, 29 South. 977; Ashford v.…
2Cases cited1 opinion
- Pearson v. AdamsSupreme Court of Alabama · 1900
3Cited by10 opinions
- Kinnon v. L. & N. R. R.Supreme Court of Alabama · 1914
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
- Calvert v. BynumSupreme Court of Alabama · 1951
- Nashville, C. & St. L. Ry. v. BlackwellSupreme Court of Alabama · 1918
- Western Union Tel. Co. v. EmersonAlabama Court of Appeals · 1914
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