National Timber Co. v. Deer
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. ' Assumpsit by F. M. Deer against the National Timber Company and one Eichberg. Judgment for plaintiff, and defendants appeal.
Read the full summary
Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. ' Assumpsit by F. M. Deer against the National Timber Company and one Eichberg. Judgment for plaintiff, and defendants appeal. The judgment was against the great weight of the evidence. 201 Aia. 647, 79 South. 119. The court erred in sustaining demurrers to the pleas of the defendant Eichberg. 142 Ala. 449, 38 South. 259; 42 Ala. 255; section 5858, Code 1907. While section 5858 gives the right to file the plea, the plea must conform to section 2489, Code 1907. 132 Ala. 247, 31 South. 90, 90 Am. St. Rep. 902; 57 Ala-. 457. Even…
1Opinion of the CourtMerritt, J.
This is a suit on -a promissory note executed by the defendants, the National Timber Company, a corporation, and M. H. Eicbberg, payable to the First National Bank of Evergreen, Ala., which was indorsed to and shown to.he the property of one F. M. Degr, appellee here and plaintiff below; the amount sued for being tbe face of said note, viz. $100 and attorney fee. The defendant M. H. Eichberg filed a separate plea of set-off against the demand of the plaintiff and claimed judgment for the excess, alleging that the plaintiff became liable to the National Timber Company in the amount aforesaid…
2Cases cited5 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Thompson v. CollierSupreme Court of Alabama · 1911
- Carson v. BarnesSupreme Court of Alabama · 1840
- Jones & Co. v. JonesSupreme Court of Alabama · 1847
- McKeithen v. Pratt & Co.Supreme Court of Alabama · 1875
3Cited by3 opinions
- First Nat. Bank of Abbeville v. CappsSupreme Court of Alabama · 1922
- Gulf Coast Lumber Co. v. MilesSupreme Court of Alabama · 1921
- Ex Parte EichbergSupreme Court of Alabama · 1920