Imperial Cotton Seed Oil Co. v. Shanks
Supreme Court of Alabama
Appear from Selma City Court. Heard before Hon. J. W. Mabry. Assumpsit by the Imperial Cotton Seed Oil Company against Phillip T. Shanks. Judgment for defendant and plaintiff appeals.
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Appear from Selma City Court. Heard before Hon. J. W. Mabry. Assumpsit by the Imperial Cotton Seed Oil Company against Phillip T. Shanks. Judgment for defendant and plaintiff appeals. The law governing the sale of fertilizer will be found in sections 24 to 48, Code 1907. By section 45, cotton seed meal is exempt, and its regulations will be found in sections 49 and 50. These statutes mean Avhat they say and leave nothing for the field of intendment, implication or otherwise.— Bartlett v; Morrison, 9 Port. 266; 50 Ala. 365; 89 Ala. 161; 2 Cranch. 358. Sec. 5, Acts 1909, 268, simply requires…
1Opinion of the CourtMayfield, J.
The complaint in this case was as follows: “The plaintiff claims of the defendant the sum of twelve hundred and fifty dollars ($1,250) for merchandise, goods, and chattels sold by the plaintiff to the defendant on the 1st day of December, 1911, which sum of money, together with the interest thereon, is due and unpaid, and is the' property of the plaintiff.”
The sole plea thereto was as follows: “No. 1. The defendant for answer to the complaint in this cause says that the goods, merchandise, and chattels mentioned in said complaint consist exclusively of cotton seed.meal containing 7% per cent,…
2Cases cited1 opinion
- State v. LamarAlabama Court of Appeals · 1911
3Cited by3 opinions
- State Ex Rel. Montgomery v. MerrillSupreme Court of Alabama · 1928
- State v. LamarSupreme Court of Alabama · 1912
- State ex rel. Knox v. DillardSupreme Court of Alabama · 1916