Green v. Jones Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried, before the Hon. J. M. Carmichael. This was an action brought by Rufus Jones, as surviving partner of the late firm of Jones Brothers, against Cherry Green; and counted on an open account for materials furnished-for building a house, and sought thereby to fasten a material-man’s lien on the house and the land on which the house was situated.
Read the full summary
Appeal from the Circuit Court of Russell. Tried, before the Hon. J. M. Carmichael. This was an action brought by Rufus Jones, as surviving partner of the late firm of Jones Brothers, against Cherry Green; and counted on an open account for materials furnished-for building a house, and sought thereby to fasten a material-man’s lien on the house and the land on which the house was situated. The facts pertaining to the only questions presented on this appeal are sufficiently stated in the opinion. There was judgment by default in favor of Jones Brothers. The defendant appeals, and assigns the…
1Opinion of the CourtMcCLELLAN, J.
This action is prosecuted by Rufus Jones as surviving partner of the firm of Jones Brothers. The complaint is in debt on an open account. Defendant, Green, interposed the following plea : “* * * And now comes the defendant and, for plea and answer to the plaintiff’s cause of action, says that she is not indebted to the plaintiff in the form and manner complained of, nor is she indebted to the plaintiff in any amount; and of this she puts herself upon the country.” This plea was filed October 8th, 1892. On October 20th, 1892, the cause was continued by consent. On April 25th, 1893, a *304judgment…
2Cases cited1 opinion
- Grigg v. GilmerSupreme Court of Alabama · 1875
3Cited by9 opinions
- Lokey v. WardSupreme Court of Alabama · 1934
- Skelton v. WeaverSupreme Court of Alabama · 1957
- Clements v. Mayfield Woolen MillsSupreme Court of Alabama · 1900
- Old Southern Life Insurance Company v. FreeCourt of Civil Appeals of Alabama · 1971
- Garnett v. ScottSupreme Court of Alabama · 1922
4 more not listed; retrieve them via the Exa API.