Legal Opinion

Walker v. Gunnels

Supreme Court of Alabama

Decided June 30, 1914PublishedCited by 8 opinions

Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Assumpsit by Mrs. Susan E. Gunnels against T. K. Walker. Judgment for plaintiff, and defendant appeals. Tbe third assignment of error is: Tbe court erred in sustaining appellee’s objection to appellant’s counsel asking bim bow much be paid for tbe ditching.

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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Assumpsit by Mrs. Susan E. Gunnels against T. K. Walker. Judgment for plaintiff, and defendant appeals. Tbe third assignment of error is: Tbe court erred in sustaining appellee’s objection to appellant’s counsel asking bim bow much be paid for tbe ditching. Tbe following is charge 1 given for plaintiff: Tbe court charges tbe jury that defendant is not entitled to recoup or set off any amount in this case for his own services in superintending the work that was done on the land of defendant. Where nothing was said about…

1Opinion of the CourtSayre, J.

Common assumpsit by appellee against appellant for the rent of land during the year 1912. It appeared without dispute that defendant had rented the same land for the year 1911 at a rental of |200, and had held over with an understanding that he was to purchase, but, some question arising as to plaintiff’s ability to make title, the proposed purchase was abandoned by mutual consent, and defendant remained in possession as plaintiff’s tenant without, as defendant contended, any agreement as to1 what the rent for the current year should be. In this state of the case it was competent for…

2Cases cited8 opinions

  1. Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
  2. A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
  3. Southern Railway Co. v. ReederSupreme Court of Alabama · 1907
  4. Chamberlain v. Godfrey's AdministratorSupreme Court of Alabama · 1874
  5. Wiswall v. RossSupreme Court of Alabama · 1837

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
  2. Parisian Co. v. WilliamsSupreme Court of Alabama · 1919
  3. Formby v. WilliamsSupreme Court of Alabama · 1919
  4. Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
  5. Boshell v. CunninghamSupreme Court of Alabama · 1917

3 more not listed; retrieve them via the Exa API.

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