Alosi v. Birmingham Water Works Co.
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Assumpsit by tbe Birmingham Water Works Company against F. Alosi. Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Assumpsit by tbe Birmingham Water Works Company against F. Alosi. Judgment for plaintiff and defendant appeals. The preponderance of evidence shows that the ordinances of the city of Birmingham were not complied with relative to furnishing an itemized statement of the water used, and the court had the right to examine the evidence and review the findings of the court on it without an exception. — Sec. 5861, Code 1907. Counsel discuss the other assignments of error but cites no authority in support thereof. The insistence on…
1Opinion of the CourtWalker, P. J.
The first count of the complaint, the one filed on the institution of the suit in the inferior court, claimed “of the defendant $23.90 due by account made by defendant on December, 1905, and January, 1906, and payable with interest.” By the second count of the complaint, which was added in the circuit court by amendment, the plaintiff claimed of the defendant an amount alleged to be due from him under a written contract or application signed by him, by the terms *632whereof defendant requested plaintiff to supply him with water, at meter rates, and agreed to pay plaintiff by the 10th of each…
2Cases cited3 opinions
- Williams v. Woodward Iron Co.Supreme Court of Alabama · 1894
- Montgomery Street Railway Co. v. HastingsSupreme Court of Alabama · 1903
- Martin v. SmithSupreme Court of Alabama · 1897
3Cited by7 opinions
- Harris v. BarberSupreme Court of Alabama · 1939
- Lasseter v. DeasAlabama Court of Appeals · 1913
- Bridgman v. DossAlabama Court of Appeals · 1913
- Floyd v. LamarAlabama Court of Appeals · 1915
- Alabama Great Southern Railway Co. v. TaylorAlabama Court of Appeals · 1913
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