Legal Opinion

Blankenship v. Blackwell

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 12 opinions

Appeal from Madison Circuit Court. Tried before John H. Shbeeey, Esq., Special Judge. The facts are fully stated in the opinion. — The amendment of the complaint not allowable. — Leatherwood v. Suggs, 96 Ala. 383; Wise v. Falkner, 51 Ala. 359; 111 Ala. 257. (2). Attachment should have been dismissed on motion of defendant. — Hawkins v. Gill, 6 Ala. 620; Debar deleben v. Crosby, 53 Ala. 363. (3). Evidence of contract between Blankenship and Lee. . It ivas to be put in…

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Appeal from Madison Circuit Court. Tried before John H. Shbeeey, Esq., Special Judge. The facts are fully stated in the opinion. — The amendment of the complaint not allowable. — Leatherwood v. Suggs, 96 Ala. 383; Wise v. Falkner, 51 Ala. 359; 111 Ala. 257. (2). Attachment should have been dismissed on motion of defendant. — Hawkins v. Gill, 6 Ala. 620; Debar deleben v. Crosby, 53 Ala. 363. (3). Evidence of contract between Blankenship and Lee. . It ivas to be put in writing' which was not done. — Hodges v. Sublett, 91 Ala. 588. (4). Deeds from appellees to Lee and from Lee back to them were…

1Opinion of the CourtDowdell, J.

— This was an action of " attachment for rent, originally sued out by It. T. Blackwell against Clarence Blankenship before a justice of the peace, who rendered judgment in favor of the plaintiff, and the defendant appealed to the circuit court. Said It. T. BlackAvell filed a complaint in the circuit court in Avords as folloAvs: “Plaintiff claims of the defendant $100 due by account for rent of land for the year 1895and later he amended said complaint by adding thereto as additional parties plaintiff Eliza BlackAvell et al. and a further amendment Avas added, as folloAvs: “And said rent is due…

2Cases cited6 opinions

  1. Lucas v. PittmanSupreme Court of Alabama · 1891
  2. Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
  3. Ellis v. MartinSupreme Court of Alabama · 1877
  4. Bishop v. Lalouette's HeirsSupreme Court of Alabama · 1880
  5. Southern Express Co. v. Boullemet & PerkinsSupreme Court of Alabama · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Western Union Telegraph Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1918
  2. Gray v. Callahan, Et VirSupreme Court of Florida · 1940
  3. Melvin v. ScowleySupreme Court of Alabama · 1925
  4. Campbell v. ShortSupreme Court of Oklahoma · 1917
  5. Cassady v. WilliamsSupreme Court of Alabama · 1937

7 more not listed; retrieve them via the Exa API.

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