Walker v. Mobile Marine Dock & Mutual Insurance
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNSThy. This action was brought by the appellee, against Baniel Walker, Jacob B. Walker, and Edward E. Shields, as owners of the steamboat Farmer, to recover |232 21, due by open account, for work and labor done, and materials furnished said steamboat; and the further sum of $361, “ premium of insurance due and payable from defendants to plaintiff in respect of plaintiff’s having underwritten a policy of…
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNSThy. This action was brought by the appellee, against Baniel Walker, Jacob B. Walker, and Edward E. Shields, as owners of the steamboat Farmer, to recover |232 21, due by open account, for work and labor done, and materials furnished said steamboat; and the further sum of $361, “ premium of insurance due and payable from defendants to plaintiff in respect of plaintiff’s having underwritten a policy of insurance, on behalf of defendants, and for their account, and at their request, for the insurance of a large sum of…
1Opinion of the CourtWalkek, J.
— The appellants, being defendants, interposed no objection in the court below to the pleading, process, judgment, or any of the proceedings. They now seek to reverse the judgment, upon the following grounds: 1st, that the complaint was defective; 2d, that the competency of the plaintiff to sue does not appear in the complaint; 3d, that, while the complaint is upon contracts by three defendants, a verdict was had and judgment rendered against two, and in favor of one of the defendants; 4th, that there was a misjoinder of causes of action; and 5th, that the plaintiff recovered full costs.
1. It…
2Cases cited3 opinions
- Stewart v. Goode & UlrickSupreme Court of Alabama · 1856
- Blount v. McNeillSupreme Court of Alabama · 1856
- Prince v. Commercial BankSupreme Court of Alabama · 1840
3Cited by15 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Gamble v. KellumSupreme Court of Alabama · 1892
- Dothan Chero-Cola Bottling Co. v. WeeksAlabama Court of Appeals · 1918
- Jones v. EngelhardtSupreme Court of Alabama · 1885
- Lee v. WimberlySupreme Court of Alabama · 1893
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