Cairns v. Moore
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. O. B. Smith. Action by Morton K. Moore, against T. C. Cairns. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. O. B. Smith. Action by Morton K. Moore, against T. C. Cairns. Judgment for plaintiff, and defendant appeals. The following is the complaint as amended: Plaintiff, M. K. Moore, claims of defendant, T. C. Cairns, the sum of $10,000 for wrongfully, maliciously, and vexatiously suing out or causing to be sued out in a certain cause pending in the circuit court of Jefferson county, Alabama, under the name and style of Cairns-Piper Iron Company, a Corporation, v. Railway Standard Test & Materials Company and M. X. Moore, being numbered 7383 on…
1Opinion of the Court
McCLELLAN, J. —
This action was instituted by the appellee against the appellant. It is in case, not on the attachment bond. — Brown v. Master, 104 Ala. 451, 16 South. 443; Lane v. Ala. Penny Bank, 185 Ala. 656, 64 South. 608. The report of the appeal will contain the amended complaint on which the trial was had. To this complaint no demurrer was interposed.(1) It is insisted here that the complaint does not state a cause of action. Whether it was sufficient, had objections to it been pointed by demurrer, is a question not presented, and necessarily not considered or decided. In such…
2Cases cited10 opinions
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Jordan v. Ala. Great So. R. R.Supreme Court of Alabama · 1886
- Brown v. MasterSupreme Court of Alabama · 1894
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Werten v. K. B. Koosa & Co.Supreme Court of Alabama · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Anniston v. GreeneAlabama Court of Appeals · 1935
- Fuller v. VincentelliSupreme Court of Alabama · 1921
- Parker v. Jefferson CountySupreme Court of Alabama · 1923