Butler & Stevens v. Savannah Guano Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. J. W. Postee. At the Spring Term, 1897, of the circuit court of Henry county, Butler & Stevens, the appellants, brought an action against Nicholson, Blount & Company, seeking to recover upon certain promissory notes. The plaintiffs sued out a writ of garnishment, which was served upon one J.. R. Faircloth.
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Appeal from the Circuit Court of Henry. Tried before the Hon. J. W. Postee. At the Spring Term, 1897, of the circuit court of Henry county, Butler & Stevens, the appellants, brought an action against Nicholson, Blount & Company, seeking to recover upon certain promissory notes. The plaintiffs sued out a writ of garnishment, which was served upon one J.. R. Faircloth. The garnishee, Faircloth, answered the writ orally in open court, admitting that he was indebted to the defendants, but suggested that the Savannah Guano Company claimed the amount due from him to the defendants. Thereupon the…
1Opinion of the CourtDowdell, J.
— As appears from the record, both by recitals in the bill of exceptions and in the judgment entry rendered by the court, the cause was submitted and tried in the court below upon an agreed statement of facts. And the judgment entry further shows that the. court decided the cause without the intervention of a jury, rendering judgment in favor of the claimaut. The bill of exceptions also states that the court gave the general affirmative charge requested in writing by the claimant, and refused a like charge requested by the plaintiffs.
The fact that a cause was submitted to and tried by a jury,…
2Cases cited6 opinions
- Danforth v. Tenn. & Coosa RailroadSupreme Court of Alabama · 1890
- Mobile Life Insurance v. TeagueSupreme Court of Alabama · 1884
- House v. WestSupreme Court of Alabama · 1895
- Walker v. IveySupreme Court of Alabama · 1883
- Courie & Co. v. GoodwinSupreme Court of Alabama · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Sloss v. GlazeSupreme Court of Alabama · 1935
- Diamond Rubber Co. v. Fourth National BankSupreme Court of Alabama · 1911
- Haisten v. StateAlabama Court of Appeals · 1912
- J. Davis and Co. v. Albuquerque Fed. S&L Ass'nSupreme Court of Alabama · 1988