Robertson v. Robinson
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by William G. Robertson, against Patrick Robinson, and was commenced on 24th September, 1878. In his complaint the plaintiff claimed $2,000, “ due from said defendant by account on the 1st May, 1878, for money had and received by defendant, for the use of the plaintiff, during the year 1877, and during the year 1878, prior to said 1st day of May; which sum of money, with…
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by William G. Robertson, against Patrick Robinson, and was commenced on 24th September, 1878. In his complaint the plaintiff claimed $2,000, “ due from said defendant by account on the 1st May, 1878, for money had and received by defendant, for the use of the plaintiff, during the year 1877, and during the year 1878, prior to said 1st day of May; which sum of money, with interest thereon, is due and unpaid.” The record does not show what pleas were filed. On the trial, the plaintiff took a…
1Opinion of the CourtBeickell, C. J.
— When the primary court has jurisdiction, it is not the practice of an appellate court, to consider any other matter than such as may have been acted on in the court below, and the action assigned as error. Other matters which may be suggested, or which are apparent on the face of the record, and which, if attention had been directed to them in the primary court, would or could be presented in a different aspect, it would be injustice to make the basis of decision. In the present case, the contention in the City Court was limited to the validity of the agreement between the appellant and…
2Cases cited2 opinions
- Tappan v. BrownNew York Supreme Court · 1832
- State v. BrooksSupreme Court of Connecticut · 1823
3Cited by18 opinions
- Howard v. FarrarSupreme Court of Oklahoma · 1911
- Greil Bros. Co. v. McLainSupreme Court of Alabama · 1916
- State Ex Rel. Hyland v. BaumhauerSupreme Court of Alabama · 1942
- Hamilton v. EdmundsonSupreme Court of Alabama · 1937
- Ex Parte GraceSupreme Court of Alabama · 1943
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