Slaughter v. Martin
Alabama Court of Appeals
Appeal from Baldwin Circuit Court. Heard before Hon. A. E. Gamble. Assumpsit by A. D. Slaughter against George Martin. Judgment for defendant, and plaintiff appeals. A debt to be a subject of set off must be a subsist- ■ ing demand at the time the suit' was brought. — Foul & Go. v. Foy-Hays Const. Co., 159 Ala. 453; Drennen v. Gilmore, 132 Ala. 246; Bt.
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Appeal from Baldwin Circuit Court. Heard before Hon. A. E. Gamble. Assumpsit by A. D. Slaughter against George Martin. Judgment for defendant, and plaintiff appeals. A debt to be a subject of set off must be a subsist- ■ ing demand at the time the suit' was brought. — Foul & Go. v. Foy-Hays Const. Co., 159 Ala. 453; Drennen v. Gilmore, 132 Ala. 246; Bt. L. & T. R. P. Co. v. McPeters, 124 Ala. 451; Lawton v. Ricketts, 104 Ala. 430; Collms v. Green, 67 Ala. 211; Johnson v. King, 20 Ala. 270. The suing out of the writ was the commencement of the action. — Cox v. Cooper, 256; Fob 1 parte Bwann,…
1Opinion of the Court
THOMAS, J. —
The appellant, plaintiff below, instituted this suit in assumpsit against appellee, defendant *287below, in the justice of the peace court, which resulted there in a judgment in favor of the former. The latter appealed the case to the circuit court. Between the time óf the taking of that appeal, which was in January, 1911, and the time of its trial in the circuit court, which was in November, 1911 (it is claimed by the defendant), the plaintiff converted, or aided in converting .to his own use, or that of another, certain personal property of the defendant; and the latter, under a…
2Cases cited11 opinions
- Abraham v. AlfordSupreme Court of Alabama · 1879
- St. Louis & Tennessee River Packet Co. v. McPetersSupreme Court of Alabama · 1899
- Wharton v. KingSupreme Court of Alabama · 1881
- Lawton v. RickettsSupreme Court of Alabama · 1893
- Roach v. PrivettSupreme Court of Alabama · 1890
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- Lipscomb v. Bessemer Board of EducationSupreme Court of Alabama · 1952
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