Alabama Construction Co. v. Wagnon Bros.
Supreme Court of Alabama
Appeal from tlie Circuit Court of Calhoun. Tried before the Hon. John Pelham. This was an action of assurapist upon the common counts, brought- hy the appellees, Wagnon Bros., against tlie appellant, ‘the Alabama Construction Company, and sought to recover for work and. labor clone by the complainants for the defendant.
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Appeal from tlie Circuit Court of Calhoun. Tried before the Hon. John Pelham. This was an action of assurapist upon the common counts, brought- hy the appellees, Wagnon Bros., against tlie appellant, ‘the Alabama Construction Company, and sought to recover for work and. labor clone by the complainants for the defendant. The plaintiffs offered evidence tending to show an indebtedness from the defendant to the plaintiffs for work performed by the plaintiffs as sub-contractors in the construction of a railroad. During the examination of one of the plaintiffs as a witness, he designated certain…
1Opinion of the CourtTyson, J.
The point urged against the admission of certain entries on the pages of an account book offered in evidence by plaintiffs and admitted against the objection of defendant is, that it Avas not made to a-ppear by the witness Avho made the- entries, that he kneAV them to be correct at the time he made them. This, Ave think, is wholly untenable. -The AAÚtness testified that he made the entries at the time upon the book himself and that they were correct. Furthermore, his testimony sIioavs that he had personal knowledge of the matters making up the account, at- the time the service Avas rendered,…
2Cases cited2 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Nuckols v. StateSupreme Court of Alabama · 1895
3Cited by7 opinions
- Ex Parte Mobile Light R. Co.Supreme Court of Alabama · 1918
- Yolande Coal & Coke Co. v. NorwoodAlabama Court of Appeals · 1912
- Southern Railway Co. v. YanceySupreme Court of Alabama · 1904
- Marsicano v. PhillipsAlabama Court of Appeals · 1912
- Lunsford v. Bailey & HowardSupreme Court of Alabama · 1904
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