Theo Poull & Co. v. Foy-Hays Construction Co.
Supreme Court of Alabama
Appeal from Jefferson- Circuit Court. Heard before Hon. A .A. Coleman. Action by the Foy-Hays Construction Company against Theo. Poull, doing business as Theo. Poull & Co. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson- Circuit Court. Heard before Hon. A .A. Coleman. Action by the Foy-Hays Construction Company against Theo. Poull, doing business as Theo. Poull & Co. Judgment for plaintiff, and defendant appeals. The first count in the complaint is for breach of a contract entered into between the parties on the 17th day of July, 1905, for the building by the Foy-Hays Con-, struction Company of certain work upon a-high school at a fixed price of $1,000, and an acceptance thereof by the Theo. Poull Company, who had the contract for constructing the entire building, and the breach alleged…
1Opinion of the CourtDenson, J.
This cause is submitted on a motion to dismiss the appeal, as well as on the merits. The mo tion rests upon the ground that the appeal was not taken within the time prescribed by the statute; that the right of appeal was barred by the statute of limitations. The judgment is a final judgment, and was rendered by the circuit court of Jefferson county on the 19th day of June, 1907. The appeal was taken on the 18th day of June, 1908, more than 6 months after the rendition of the judgment, and 48 days after the Code of 1907 went into effect.
The statute in force at the time the judgment was…
2Cases cited11 opinions
- Railroad Co. v. GrantSupreme Court of the United States · 1879
- McClain v. WilliamsSouth Dakota Supreme Court · 1897
- Mazange v. SlocumSupreme Court of Alabama · 1853
- Woodward Iron Co. v. CurlSupreme Court of Alabama · 1907
- Sawyers v. BakerSupreme Court of Alabama · 1882
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- Tillman v. WaltersSupreme Court of Alabama · 1925
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- Crawford v. MillsSupreme Court of Alabama · 1918
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