Hedden v. Wefel
Alabama Court of Appeals
Assumpsit. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by W. S. Hedden against H. H. Wefel, Jr. Plaintiff took a voluntary nonsuit with bill of exceptions because of adverse rulings on the- evidence, and brings this appeal.
1Opinion of the CourtBrown, J.
The ruling of the court on the demurrers to the complaint resulted in eliminating all counts except count 11, claiming a sum of money due- by ac*486count from the defendant to the Realty Company of Mobile, alleging that the plaintiff was the owner of the account declared on. To this complaint the defendant pleaded the general issue, the statue of frauds, the statute of limitations of three years, and accord and satisfaction. With the issues thus formed, the case proceeded to trial, and after plaintiff had offered what we assume to be substantially all his proof, showing that through a transaction…
2Cases cited15 opinions
- McGehee v. StateSupreme Court of Alabama · 1875
- Dowling v. StateSupreme Court of Alabama · 1907
- Engle v. PattersonSupreme Court of Alabama · 1910
- Walker v. ForbesSupreme Court of Alabama · 1854
- Cawley v. StateSupreme Court of Alabama · 1901
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3Cited by3 opinions
- Republic Steel Corporation v. GilbertAlabama Court of Appeals · 1955
- Blount County Bank v. HarrisSupreme Court of Alabama · 1917
- Anniston Soil Pipe Co. v. Central Foundry Co.Supreme Court of Alabama · 1963