Mudge v. Treat
Supreme Court of Alabama
Appeal from City Court of Mobile. Tried before Hon. O. J. Semmes. The opinion states the facts. — The special plea presented an immaterial issue, and the charge of the court on it worked manifest injustice to the plaintiff, by compelling the jury to find for the defendant generally, if they found the immaterial issue in his favor. This was clearly a case for a repleáder.
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Appeal from City Court of Mobile. Tried before Hon. O. J. Semmes. The opinion states the facts. — The special plea presented an immaterial issue, and the charge of the court on it worked manifest injustice to the plaintiff, by compelling the jury to find for the defendant generally, if they found the immaterial issue in his favor. This was clearly a case for a repleáder. The evidence set out in the record disproved all the matters asserted by the good pleas, and the verdict of the jury must necessarily be referred to the only plea which the evidence sustained, the bad one. The immateriality…
1Opinion of the CourtBrickell, C. J.
The complaint is against the appellee and B. Newhouse, as partners under the firm name of B. Newhouse & Co., and contains two counts — the first on an account for goods sold and delivered, the second on an account stated. Process was not served on B. Newhouse, and as to him a discontinuance was entered. The appellee appeared, and pleaded in short by consent, six pleas, among which is the general issue, payment, and set-off; and a seventh plea, drawn out in full, averring that the appellee and B. Newhouse were not partners at the time the suit was commenced. Issue being taken on all these…
2Cases cited15 opinions
- Franklin v. TalmadgeNew York Supreme Court · 1809
- Edmundson v. StateSupreme Court of Alabama · 1850
- Shippey v. EastwoodSupreme Court of Alabama · 1846
- Moody v. KeenerSupreme Court of Alabama · 1838
- Toulmin v. LesesneSupreme Court of Alabama · 1841
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3Cited by33 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Sanders v. DavisSupreme Court of Alabama · 1907
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
28 more not listed; retrieve them via the Exa API.