Pollak v. Winter
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hou. D. W. Speake. Assumpsit by Sallie Winter as administratrix, against Ignatius Poliak, for services rendered by her decedent. Judgment for plaintiff and defendant appéals.
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Appeal from Cullman Circuit Court. Heard before Hou. D. W. Speake. Assumpsit by Sallie Winter as administratrix, against Ignatius Poliak, for services rendered by her decedent. Judgment for plaintiff and defendant appéals. The court erred in permitting plaintiff to testify that she caused diligent search to be made through the papers of her decedent and found no evidence of payment having been made of the account sued for. — Poliak v. Winter, 166 Ala. 255. The statement was clearly a conclusion of the witness.— Braoidon v. Progress Distilling Go. 52 South. 640 Ala.'; 8. & W. Go. v. Thompson,…
1Opinion of the CourtSayre, J.
Plaintiff in the court below, appellee here, sued defendant for the value of work and labor done by her testator for the defendant at the latter’s request. Defendant pleaded the general denial, payment, and the statute of limitations. Plaintiff offered evidence tending to show the performance of professional services by her testator as an attorney at law for the defendant on the latter’s request, and their value. These services covered a period of about one year, at the end of which time Judge Winter, plaintiff’s testator, accepted office as judge of the circuit court. About a year later on…
2Cases cited6 opinions
- Woodward Iron Co. v. BrownSupreme Court of Alabama · 1910
- Pollak v. WinterSupreme Court of Alabama · 1910
- Shines v. SteinerSupreme Court of Alabama · 1884
- Blackshear v. BurkeSupreme Court of Alabama · 1883
- Cook & Co. v. Malone & SonsSupreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Warrant Warehouse Co. v. CookSupreme Court of Alabama · 1922
- Weil v. Travelers' Ins. Co.Alabama Court of Appeals · 1916
- Birmingham E. & B. R. R. v. HoskinsAlabama Court of Appeals · 1915
- Pollak v. WinterSupreme Court of Alabama · 1916
- Daughdrill v. LockhartSupreme Court of Alabama · 1913
11 more not listed; retrieve them via the Exa API.