Donaldson v. Wilkerson
Supreme Court of Alabama
Appeal from Coffee County Court. Heard before Hon. J. N. Ham. Action by M. E. Donaldson against J. H. Wilkerson begun by attachment to enforce landlord’s lien for rent and advances. Judgment for defendant and plaintiff appeals.
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Appeal from Coffee County Court. Heard before Hon. J. N. Ham. Action by M. E. Donaldson against J. H. Wilkerson begun by attachment to enforce landlord’s lien for rent and advances. Judgment for defendant and plaintiff appeals. The court erred in declining to 'permit the entries on the journal and cash book in evidence. — Dismukes v. Tolson, 67 Ala. 142; Sec. 4008, Code 1907; 2 Enc. of Evi. 620. The entries made on the journal daily were original entries and should have been admitted. — Barden v. Cunningham, 136 Ala. 263; Ala. I. Go. v. Smith, 155 Ala. 287. The evidence as to what Johnson…
1Opinion of the CourtSayre, J.
This suit was bégun by attachment to recover a balance alleged to be due for rent and advances. • The defendant pleaded the general issue, payment, usury, and set-off. It appeared that a part of the articles charged to the defendant had been. furnished by A. D. Donaldson, plaintiff’s father, at the instance and request of the plaintiff, who thereby became legally *510liable therefor. Plaintiff offered in evidence the books of account, consisting of journal, ledger, and cash hook kept by A: D. Donaldson and purporting to show what articles had been furnished by the said A. D. The court, moved hv…
2Cases cited7 opinions
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Clardy v. WalkerSupreme Court of Alabama · 1901
- Sanders v. SteenSupreme Court of Alabama · 1900
- Doe ex dem. School Commissioners v. GodwinSupreme Court of Alabama · 1857
- Giddens v. BollingSupreme Court of Alabama · 1890
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3Cited by16 opinions
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- Moundville Lumber Co. v. WarrenSupreme Court of Alabama · 1919
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