Hurst v. Bell & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John MooRE. This action was brought by the appellants, suing as partners, against the appellees as partners, doing business under the firm name of N. J. Bell & Co.; and was commenced on the 19th May, 1882. The complaint contained the common count for money had and received, and a special count in these words: “ Plaintiffs claim of defendants the further sum of two hundred dollars, for this: that on the 1st…
Read the full summary
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John MooRE. This action was brought by the appellants, suing as partners, against the appellees as partners, doing business under the firm name of N. J. Bell & Co.; and was commenced on the 19th May, 1882. The complaint contained the common count for money had and received, and a special count in these words: “ Plaintiffs claim of defendants the further sum of two hundred dollars, for this: that on the 1st November, 1881, plaintiffs held and owned a promissory note executed to them by Green Cook and Willis Price, on the 17th…
1Opinion of the CourtBbickell, C. J.
1. The motion to dismiss the appeal can not be sustained. Originally, an appeal or writ of error would not lie from a judgment founded on a voluntary nonsuit, though the plaintiff elected to submit to it in consequence of decisions and rulings of the court adverse to his right of recovery. Tiie statute now (Code of 1876, § 3112) authorizes submission to a nonsuit, and the review on bill of exceptions of the ruling or decision compelling the plaintiff to that course, or to submission to a final judgment barring another suit. The construction the statute has received is, that it is limited to…
2Cases cited13 opinions
- Booker v. JonesSupreme Court of Alabama · 1876
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- Elmore v. Simon & Bro.Supreme Court of Alabama · 1880
- Grant v. SteinerSupreme Court of Alabama · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- National Bank v. Baker Hill Iron Co.Supreme Court of Alabama · 1895
- Alabama Lime & Stone Co. v. AdamsSupreme Court of Alabama · 1928
- Fields v. KarterSupreme Court of Alabama · 1898
- Draper v. WalkerSupreme Court of Alabama · 1893
20 more not listed; retrieve them via the Exa API.