Callaway & Truitt v. Gay
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried, before the Hon. A. A. Evans. This was an action of assumpsit upon the common counts, and was commenced by an attachment sued out by the plaintiff against the defendants, they being nonresidents. The facts of the case, necessary to an understanding of the rulings of the court upon the evidence which is presented for review, are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Lee. Tried, before the Hon. A. A. Evans. This was an action of assumpsit upon the common counts, and was commenced by an attachment sued out by the plaintiff against the defendants, they being nonresidents. The facts of the case, necessary to an understanding of the rulings of the court upon the evidence which is presented for review, are sufficiently stated in the opinion. The court, at the request of the defendants, gave to the jury seven written charges. In reference to these charges, the bill of exceptions contains the following . recitals: “As soon as…
1Opinion of the Court
DENSON, -T.
The plaintiff, while testifying' as a witness for himself, was shown by his attorney a statement of an account between himself and the defendants, which statement was shown to have been made out by the plaintiff. After the plaintiff had examined the statement, he was ashed by his attorney, if the statement *528of the account was correct. The question was objected to, the objection was overruled. The bill of exceptions then recites that, “Plaintiff’s attorney then calling attention to the balance shown by the said statement to be due plaintiff to-wit; $251.25, offered said statement of…
2Cases cited15 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Rice v. Schloss & KahnSupreme Court of Alabama · 1890
- Sanders v. SteenSupreme Court of Alabama · 1900
- United States Fidelity & Guaranty Co. v. CharlesSupreme Court of Alabama · 1901
- Lawson v. OrearSupreme Court of Alabama · 1845
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Louis Pizitz Dry Goods Co. v. CusimanoSupreme Court of Alabama · 1921
- Allford v. StateAlabama Court of Appeals · 1943
- Greenwood Cafe v. LovinggoodSupreme Court of Alabama · 1916
- McCaa v. ThomasSupreme Court of Alabama · 1922
- Nelson v. JohnsonSupreme Court of Alabama · 1956
21 more not listed; retrieve them via the Exa API.