English v. Wilson
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. E. W. Pettus. This action was brought by Joseph A. Wilson, against Mrs. Mary English, to recover the sum of f 170, alleged to be due from the defendant, for work and labor done by the plaintiff in adding two rooms to the defendant’s dwelling-house.
Read the full summary
Appeal from the Circuit Court of Dallas. Tried before the Hon. E. W. Pettus. This action was brought by Joseph A. Wilson, against Mrs. Mary English, to recover the sum of f 170, alleged to be due from the defendant, for work and labor done by the plaintiff in adding two rooms to the defendant’s dwelling-house. “ On the trial,” as the bill of exceptions states, “ the plaintiff offered evidence tending to show, that he built two rooms as an addition to the defendant’s house, and at her request; also, the value of said work, and that said rooms were accepted and used-by defendant before the…
1Opinion of the CourtStone, J.
There is not enough in this record to enable us to affirm that the circuit court erred, in rejecting as evidence the specified portions of Mrs. English’s answer as garnishee. She had only the right- to deny, “ upon oath, the truth of the facts proposed to be sworn to by the plaintiff;” and as we are not informed that the portions of the answer rejected, were a denial of any fact proposed to be sworn to by the plaintiff, we must intend that the circuit court did not err in this particular. — See Jordan v. Owen, 27 Ala. 152.
[2.] Neither did the court err in the qualification which it gave to…
2Cases cited3 opinions
- Hatchett v. GibsonSupreme Court of Alabama · 1848
- Hawkins v. GilbertSupreme Court of Alabama · 1851
- Jordan v. OwenSupreme Court of Alabama · 1855
3Cited by10 opinions
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Walstrom v. Oliver-Watts Construction Co.Supreme Court of Alabama · 1909
- Carolina-Portland Cement Co. v. Alabama Construction Co.Supreme Court of Alabama · 1909
- Catanzano v. JacksonSupreme Court of Alabama · 1916
5 more not listed; retrieve them via the Exa API.