Berry v. Nall & Duxberry
Supreme Court of Alabama
Appeal from Bullock Circuit Court. Tried before Hon. J. McCaleb Wilex. Tbe appellees, Nall & Duxberry, brought this action against tbe appellant, Martin E. Berry, in tbe circuit court of Pike county, on tbe 21st day of November, 1865, to recover damages of tbe latter for breach of a contract to deliver cotton.
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Appeal from Bullock Circuit Court. Tried before Hon. J. McCaleb Wilex. Tbe appellees, Nall & Duxberry, brought this action against tbe appellant, Martin E. Berry, in tbe circuit court of Pike county, on tbe 21st day of November, 1865, to recover damages of tbe latter for breach of a contract to deliver cotton. Afterwards, tbe portion of tbe county in which Berry lived having been incorporated in tbe territory of tbe county of Bullock, tbe venue was transferred to that county, and after several trials and mistrials bad in that court, resulted, in tbe spring term, 1871, in a verdict and…
1Opinion of the CourtManning, J.
This suit was brought in December, 186 5 and after two or three trials and mistrials in the circuit court of Bullock county, the plaintiffs below (appellees in this court) moved for a change of venue, on the ground, that by reason of the machinations of defendant they could not obtain a jury that would do them justice in that county. The motion was granted, with certain modifications or provisions; and a note, in substance as follows, was made by the circuit judge on his docket: “On application of plaintiffs the venue in this case is changed to Eussell county, but before transcript is…
2Cases cited3 opinions
- Perryman v. City of GreenvilleSupreme Court of Alabama · 1874
- Davis v. AdamsSupreme Court of Alabama · 1850
- McElvain v. MuddSupreme Court of Alabama · 1870
3Cited by9 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Alabama Great Southern R. R. v. ClarkeSupreme Court of Alabama · 1906
- McGowin Lumber & Export Co. v. Camp Lumber Co.Alabama Court of Appeals · 1917
- C. W. Zimmerman Mfg. Co. v. DunnSupreme Court of Alabama · 1907
- Gowan v. Wisconsin-Alabama Lumber Co.Supreme Court of Alabama · 1926
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