Henderson v. Holland
Alabama Court of Appeals
Appeal from Blount Circuit Court. Heard before Hon. John W. Inzer. Action by J. E. Holland against J. J. Henderson in trover and trespass for a bale of cotton. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from Blount Circuit Court. Heard before Hon. John W. Inzer. Action by J. E. Holland against J. J. Henderson in trover and trespass for a bale of cotton. Judgment for plaintiff, and defendant appeals. Plea 2 is as follows: “Now comes tlie defendant, and for answer to the complaint pleads and says: That the title to this bale of cotton, the subject of this suit, has heretofore been tried in the justice court of M. W. Coleman, a justice of the peace at Albertville, Marshall county, a court of the same jurisdiction as this court; that said suit was between the same plaintiff and defendant,…
1Opinion of the CourtWalker, P. J.
The appellant, defendant below, by two special pleas — his second plea, and his second amended plea — sought to set up as an adjudication against the claim of the plaintiff asserted in this suit the result of a previous suit brought by the same plaintiff against the Albertville Mercantile Company; each of the pleas alleging in substance that the defendant, Avho had sold the bale of cotton in controversy to the Albertville Mercantile Company, took charge of and conducted the defense in that suit as though it had been brought against himself, and that judgment was rendered in that case in favor…
2Cases cited4 opinions
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Burks v. HubbardSupreme Court of Alabama · 1881
- Boutwell v. Parker & Co.Supreme Court of Alabama · 1899
3Cited by2 opinions
- Riddle v. BatsonAlabama Court of Appeals · 1918
- Napier v. MayAlabama Court of Appeals · 1925