Clardy v. Walker
Supreme Court of Alabama
Appeal from Lamar Circuit Court. Tried before Hon. S. H. Spuott. Action by W. F. Clardy against W. T. Walker on the common counts and on a special count alleging a certain amount due on a written contract. The defendant filed an affidavit under section 2633 of the Code, suggesting one Story as claimant. This affidavit was, on motion of plaintiff, stricken from the file, and thereupon the court ordered the clerk to refund to the defendant the money deposited by him.
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Appeal from Lamar Circuit Court. Tried before Hon. S. H. Spuott. Action by W. F. Clardy against W. T. Walker on the common counts and on a special count alleging a certain amount due on a written contract. The defendant filed an affidavit under section 2633 of the Code, suggesting one Story as claimant. This affidavit was, on motion of plaintiff, stricken from the file, and thereupon the court ordered the clerk to refund to the defendant the money deposited by him. This order is shown by the judgment-entry, as well as by the bill of exceptions, but no exception was reserved thereto. After…
1Opinion of the CourtDowdell, J.
— There was no exception reserved to the action of the court in ordering the clerk to refund to the defendant the money which had been deposited by him upon the filing of his affidavit under the statute suggesting a claimant, after said affidavit, on motion of the plaintiff, had been stricken from the file.
The only other assignment of error is as to the giving of the affirmative charge requested by the defendant. The case was tried under the plea of the general issue. The bill of exceptions does not purport to set out all of the evidence. Under this state of the record, it has been repeatedly…
2Cases cited2 opinions
- Sanders v. SteenSupreme Court of Alabama · 1900
- Fleming v. UsserySupreme Court of Alabama · 1857
3Cited by31 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. HillSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
- Southwestern Telegraph & Telephone Co. v. AndrewsCourt of Appeals of Texas · 1914
- Catts v. PhillipsSupreme Court of Alabama · 1928
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