Moody v. Walker
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. This action was brought by B. J. Moody against F. M. Walker, and was commenced in a justicé’s court, on the 7 th December, 1888. A complaint was filed in the justice’s court, claiming $39.52 money had and received by the defendant, on the 16th October, 1888, to and for the use of the plaintiff; and the record does not show that any other complaint was filed in the Circuit Court, to which the…
Read the full summary
Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. This action was brought by B. J. Moody against F. M. Walker, and was commenced in a justicé’s court, on the 7 th December, 1888. A complaint was filed in the justice’s court, claiming $39.52 money had and received by the defendant, on the 16th October, 1888, to and for the use of the plaintiff; and the record does not show that any other complaint was filed in the Circuit Court, to which the case was removed by appeal. On the trial in the Circuit Court, as the bill of exceptions shows, the plaintiff read in…
1Opinion of the CourtStone, C. J.
If the question was properly raised, we are not prepared to affirm that the attempted emancipation *621of his minor sons, made by Wilkerson, would or ought to prevail against the claims of his creditors. He did not cast them loose on their own resources, but fed and supported them as members of his own household, and that largely from the very advances for which their crop was sought to be held liable under his mortgage. He also surrendered to them the use of the land and stock, in addition to supporting them; and all this, in consideration that they would cultivate lands which yielded for him…
2Cases cited9 opinions
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Price v. PickettSupreme Court of Alabama · 1852
- Thompson v. MerrimanSupreme Court of Alabama · 1849
- Donegan v. DavisSupreme Court of Alabama · 1880
- Atwood v. HolcombSupreme Court of Connecticut · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Connecticut General Life Ins. Co. v. SmithSupreme Court of Alabama · 1932
- Powell v. Henry & Co.Supreme Court of Alabama · 1892
- Smith & Co. v. Western RailwaySupreme Court of Alabama · 1890
- West v. McKaySupreme Court of Alabama · 1932
9 more not listed; retrieve them via the Exa API.