Gulf Compress Co. v. Jones Cotton Co.
Supreme Court of Alabama
BUI for an Accounting and for Damages. Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Jones Cotton Company against the Gulf Compress Company for an accounting and to apportion damage. From a decree for complainants, respondents appeal. The court erred in permitting Wall to be examined a second time. — Bonner v. Young, 68 Ala. 35; Pearson v. Barrington, 32 Ala. 230; 3 Story, 308; 2 John’s Oh. 495; 4 Elliott on Ev.
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BUI for an Accounting and for Damages. Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Jones Cotton Company against the Gulf Compress Company for an accounting and to apportion damage. From a decree for complainants, respondents appeal. The court erred in permitting Wall to be examined a second time. — Bonner v. Young, 68 Ala. 35; Pearson v. Barrington, 32 Ala. 230; 3 Story, 308; 2 John’s Oh. 495; 4 Elliott on Ev. Sec. 3225; 32 Féd. 349; 1 Cox, 312. Counsel discuss the assignments of error relative to the admission of evidence, but without further citation of…
1Opinion of the Court
SIMPSON, J.-
This case has been before this court twice before. In the first case the equities of the bill were settled. — Gulf Gompress Co. et al. v. Jones Cotton Co., 157 Ala. 32, 47 South. 251. On the second appeal the decree against the Southern Railway Company for the Jones Cotton Company was affirmed. — Southern Railway Co. et al. v. Jones Cotton Co., 167 Ala. 575, 52 South. 899.
The correctness of the last decision of this court is called in question by the appellant. After a careful review, we adhere to that decision, not because it is res judicata, for under section 5965 of the Code of…
2Cases cited5 opinions
- Griffin v. StateSupreme Court of Alabama · 1900
- Fowler v. PritchardSupreme Court of Alabama · 1906
- Gulf Compress Co. v. Jones Cotton Co.Supreme Court of Alabama · 1908
- Southern Railway Co. v. Jones Cotton Co.Supreme Court of Alabama · 1910
- Costello v. StateSupreme Court of Alabama · 1900
3Cited by3 opinions
- Nashville, C. & St. L. Ry. v. Abramson-Boone Produce Co.Supreme Court of Alabama · 1917
- Dearborn Stove Company v. DeanAlabama Court of Appeals · 1958
- Johns-Manville Sales Corporation v. WilliamsSupreme Court of Alabama · 1934