Dillehay Bros. v. Cannon
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Assumpsit by W. D. Cannon, Jr., against Dillehay Bros, and others, on certain promissory notes. Judgment for plaintiff, and defendants appeal. Transferred from Court of Appeals, under section 6, p. 449, Acts 1911. Court erred in directing verdict for the plaintiff. Sections 5007, 5010, Code 1907; 3 R. C. L. 1025; 189 Ala. 418, 66 South. 510; 119 N. Y. 357, 23 N. E. 801, 16 Am. St. Rep. 840-; 9 Ala.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Assumpsit by W. D. Cannon, Jr., against Dillehay Bros, and others, on certain promissory notes. Judgment for plaintiff, and defendants appeal. Transferred from Court of Appeals, under section 6, p. 449, Acts 1911. Court erred in directing verdict for the plaintiff. Sections 5007, 5010, Code 1907; 3 R. C. L. 1025; 189 Ala. 418, 66 South. 510; 119 N. Y. 357, 23 N. E. 801, 16 Am. St. Rep. 840-; 9 Ala. App. 352, 63 South. 742 ; 38 Neb. 620, 57 N. W. 664, 41 Am. St. Rep. 762; 3 R. C. L. 1055; 145 Iowa, 185, 123 N. W. 1000, 29 L. R. A. (N.…
1Opinion of the CourtMcCLELLAN, J.
The previous appeal in this cause to the Court of Appeals is reported in 84 South. 549, 550. 3 No application for rehearing in the Court of Appeals appears to have been made or acted upon, and hence no recourse to certiorari to this court to review that action of the Court of Appeals. It was there decided that the plaintiff was due the general affirmative charge.
The judgment entry on the present appeal recites:
“Came the parties by attorney, and, this cause being called for trial, and upon the orders of the court that the pleadings be settled, and the issues being the same as upon tlu; former…
2Cases cited1 opinion
- Cannon v. DillehayAlabama Court of Appeals · 1919
3Cited by1 opinion
- Alabama Great Southern R. Co. v. CornettSupreme Court of Alabama · 1925