Perry v. Danner & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥i. E. Clarke. This action, with several others (which were consolidated), was brought by N. W. Perry, against the persons composing the firm of A. C. Danner & Co.; and in the complaint filed in the Circuit Court, the plaintiff claimed $62, alleged to be due by account on the 1st June, 1882, and on account stated on that day, “ and for storage room by plaintiff made and provided in and about the storing and…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥i. E. Clarke. This action, with several others (which were consolidated), was brought by N. W. Perry, against the persons composing the firm of A. C. Danner & Co.; and in the complaint filed in the Circuit Court, the plaintiff claimed $62, alleged to be due by account on the 1st June, 1882, and on account stated on that day, “ and for storage room by plaintiff made and provided in and about the storing and keeping of certain goods and chattels, stored and kept for said defendants on certain premises of the said plaintiff,” &c.…
1Opinion of the CourtSomeryille, J.
— It may now be considered as the settled construction of section 3112 of the present Code (1876),. *487that when a voluntary nonsuit is taken by a plaintiff, under its provisions, in consequence of an adverse ruling on demurrer, such ruling on demurrer can not be reviewed in this court under this section, which is identical with section 2759 of the Revised Code of 1867. — Mathis v. Oates, 57 Ala. 112, and cases cited. Decisions upon pleadings, which are matters of record, and not the subject of a bill of exceptions, are not revisable undér this statute. — Rogers v. Jones, 51 Ala. 353; Vincent v.…
2Cases cited3 opinions
- Vincent v. RogersSupreme Court of Alabama · 1857
- Rogers's Administrator v. JonesSupreme Court of Alabama · 1874
- Mathis v. OatesSupreme Court of Alabama · 1876
3Cited by6 opinions
- Alabama Steel & Wire Co. v. ThompsonSupreme Court of Alabama · 1909
- Bain v. WellsSupreme Court of Alabama · 1894
- Burnett v. GarrisonSupreme Court of Alabama · 1954
- Burgess v. American Mortgage Co.Supreme Court of Alabama · 1896
- Bedwell v. BedwellSupreme Court of Alabama · 1884
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