Kirkpatrick & Co. v. Boyd
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Henry C. Speake. This action was brought by Boycl & Boyd, suing as surviving partners, against Bailey & Watkins as partners, E. L. Bowers and W. O. Bowers; and was commenced on the 18th December, 1888. The complaint contained (1) a count claiming $1,000, as the rent of a tract of land particularly described, alleged to be due on 15th December, 1888; (2) a count claiming the same sum for the use and occupation of…
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Appeal from the Circuit Court of Madison. Tried before the Hon. Henry C. Speake. This action was brought by Boycl & Boyd, suing as surviving partners, against Bailey & Watkins as partners, E. L. Bowers and W. O. Bowers; and was commenced on the 18th December, 1888. The complaint contained (1) a count claiming $1,000, as the rent of a tract of land particularly described, alleged to be due on 15th December, 1888; (2) a count claiming the same sum for the use and occupation of the land from • December 26‘th, 1887, to December 15th, 1888; (3) a count on an account for $1,000, due December 15th,…
1Opinion of the Court
STONE, O. J.
It is objected for appellants, that the alleged judgment under which Boyd & Boyd acquired their title Jto the land, was in fact no judgment, because the attorney appointed for the purpose is not shown to have confessed any judgment, and the record fails to show that Tanner, the defendant in that suit, was otherwisé brought into court. Coming before us collaterally, as this question is attempted to be pre-'' *452sented, we are not prepared to say there is anything in the abjection, even if we concede it is raised by the record. But the record fails to raise the question. In the trial…
2Cases cited8 opinions
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- Martin v. MartinCourt of Appeals of Maryland · 1855
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- Oliver v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1886
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3Cited by6 opinions
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