Jos. Joseph. & Bros. v. Hoffman & McNeill
Supreme Court of Alabama
Appeal- from Jefferson Circuit Court. Heard, before Hon. A. Ó. Lane. Assumpsit by Hoffman & McNeill against Joseph Joseph & Brothers Company,, a corporation. Judgmeat for plaintiff and defendant appeals. The court should not consider items of the account not on the hill of particulars as objection was made at the time the evidence was offered. — Section 5826, Code 1907, and cases cited.
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Appeal- from Jefferson Circuit Court. Heard, before Hon. A. Ó. Lane. Assumpsit by Hoffman & McNeill against Joseph Joseph & Brothers Company,, a corporation. Judgmeat for plaintiff and defendant appeals. The court should not consider items of the account not on the hill of particulars as objection was made at the time the evidence was offered. — Section 5826, Code 1907, and cases cited. The burden was on the plaintiff to show a compliance on their part and the defendant’s breach, and the amount due. — Winter v. Poliak, 166 Ala. 255; 16 Ene. P. & P. 174-9, and this burden must be carried…
1DissentMayfield, J.
— (dissenting.) — This is really an anomalous case. The facts are substantially as follows: *579Two residents of Birmingham, Ala., sold junk to a corporation of Cincinnati, Ohio. It is conceded that the Ohio corporation owed the Alabama parties a balance due as for the purchase price of the junk, though there Avas some difference as to the exact amount. The Alabama parties sued the Ohio corporation, in the courts of Alabama, to recover this balance due. The Ohio corporation pending the suit, and before final judgment, went into th'e courts of Ohio, and there sued the Alabama parties for a breach…
2Cases cited9 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Ex Parte EastonSupreme Court of the United States · 1877
- Boswell's Lessee v. OtisSupreme Court of the United States · 1850
- Hollingsworth v. BarbourSupreme Court of the United States · 1830
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
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