Davis v. McWhorter
Supreme Court of Alabama
Appeal from the City Court of Anniston. ' Tried before the Hon. James W. Lapsley. This action Avas brought by the appellee, E. It. Mc-Whorter, against J. F. Davis and J. L. Davis; and counted upon a bond executed by the defendants on July 14,1897, payable to the plaintiff November 1,1897. The facts necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.
Read the full summary
Appeal from the City Court of Anniston. ' Tried before the Hon. James W. Lapsley. This action Avas brought by the appellee, E. It. Mc-Whorter, against J. F. Davis and J. L. Davis; and counted upon a bond executed by the defendants on July 14,1897, payable to the plaintiff November 1,1897. The facts necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. The cause Avas tried by the court without the intervention of a jury, and upon the hearing of all the evidence, the court rendered judgment in favor of the plaintiff. The defendants appeal,…
1Opinion of the CourtTyson, J.
— The complaint declared on a bond alleged to have been executed by the defendants on the 14th day of July, 1897, and payable on the 1st day of November, 1897, in which the defendants agreed to pay a reasonable attorney’s fee for its collection. The instrument sued on was lost after this suit was commenced *572and after the trial in the justice court. Upon the trial in the city court upon appeal the attorney for the plaintiff was examined to prove its contents. It appears from his testimony that he had the paper sued upon in his possession at the time he drew the complaint, and that it was…
2Cases cited4 opinions
- Reed v. ScottSupreme Court of Alabama · 1857
- Phillips v. Americus Guano Co.Supreme Court of Alabama · 1895
- McCrummen v. CampbellSupreme Court of Alabama · 1886
- Muse v. DantzlerSupreme Court of Alabama · 1888
3Cited by6 opinions
- Alropa Corporation v. MyersDistrict Court, D. Delaware · 1944
- Long v. GwinSupreme Court of Alabama · 1918
- Davis v. AndersonSupreme Court of Alabama · 1909
- Chambers v. Talladega Real Estate & Loan Ass'nSupreme Court of Alabama · 1899
- Ex Parte First Nat. Bank of OzarkSupreme Court of Alabama · 1924
1 more not listed; retrieve them via the Exa API.