Duck Brand Co. v. Douglass
Alabama Court of Appeals
Appeal from Circuit Court, Franklin County; C. P. Ahnon, Judge. Action by the Duck Brand Company against W. S. Douglass. From a judgment for defendant, plaintiff appeals.
1Opinion of the Court
(BRICKEN, J.
The appellant, plaintiff below, declares on the comlmon counts for merchandise sold appellee (defendant below). The complaint bears the indorsement that the suit is brought on an itemized account, verified by affidavit. The defendant filed pleas setting up payment and the general issue. The cause went to trial on these issues, without objection on the part of the appellant. In the course of the trial, appellant objected to appellee introducing any evidence showing payment of the account sued on, contending that the failure of the defendant to file an affidavit denying the…
2Cases cited3 opinions
- Sullivan Timber Co. v. BrushagelSupreme Court of Alabama · 1895
- Florida Nursery & Trading Co. v. WatsonAlabama Court of Appeals · 1917
- Polytinsky v. StewartSupreme Court of Alabama · 1908
3Cited by4 opinions
- Real Coal, Inc. v. Thompson Tractor Co.Supreme Court of Alabama · 1980
- Owensboro Wagon Co. v. Benton Mercantile Co.Supreme Court of Alabama · 1920
- Merchant's Printers, Inc. v. Vulcan Publications, Inc.Supreme Court of Alabama · 1992
- Owensboro Wagon Co. v. Benton Mercantile Co.Supreme Court of Alabama · 1920