King v. Ben F. Barbour Plumbing & Electric Co.
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Ckowe. Action by the Ben F. Barbour Plumbing & Electric Company against O. W. King on the common counts. From a judgment for plaintiff, defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Ckowe. Action by the Ben F. Barbour Plumbing & Electric Company against O. W. King on the common counts. From a judgment for plaintiff, defendant appeals. The complaint contains the common counts, and also a count seeking to enforce a lien for work and labor clone and materials furnished in the erection, improvement, and beautification of a certain lot and residence thereon; the lien having been theretofore properly filed. The plea was the release and discharge of C. W. King in bankruptcy as against the alleged debt or demand sued…
1Opinion of the CourtWalker, P. J.
The plaintiff’s special replication to the plea setting up defendant’s discharge in bankruptcy alleged that, after such discharge, the defendant renewed his obligation to pay the debt sued on by again promising plaintiff that he would pay said debt. The only suggestion made in the argument of the counsel for the appellant as to the sufficiency of that replication is that it fails to set out the terms of the alleged promise with sufficient certainty, but merely avers the same as a conclusion of the pleader. It is questionable whether either of the grounds stated in the demurrer to that…
2Cases cited6 opinions
- Williams v. Woodward Iron Co.Supreme Court of Alabama · 1894
- Drum & Ezekiel v. HarrisonSupreme Court of Alabama · 1887
- Lewis v. StateSupreme Court of Alabama · 1889
- Quarles v. CampbellSupreme Court of Alabama · 1882
- Morey v. MonkSupreme Court of Alabama · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bankhead v. StateAlabama Court of Appeals · 1947
- State v. ConeWashington Supreme Court · 1929
- Nixon v. WoodwardAlabama Court of Appeals · 1912